Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Meenachil Taluk Cooperative Employees Cooperative Society Ltd. CIT (Appeals)(2024) 300 Taxman 338 (Ker)(HC)

S. 249 : Appeal-Commissioner (Appeals)-Condonation of delay-Form of appeal and limitation-Delay of 11 days-Non availability of tax consultant-Delay is condoned-CIT(A) is directed to decide the issue on merits. [S.80P, 246A, 250, Art. 226

CIT, Karnataka v. Mukhtar Minerals (P.) Ltd.[2021] 276 Taxman 218/ 432 ITR 152 (Bom)( HC)

S. 35E : Deduction for expenditure on prospecting etc. for certain minerals- Capital or revenue – Amount paid to mining lessees is not towards acquisition of right to mine but was towards expenditure undertaken by said lessees for purpose of developments like roads and trenches, temporary huts, drilling, etc.- Allowable as deduction. [ S. 37(1)]

PCIT v. Umah Agarwal (Smt.) (2024) 300 Taxman 493/(2025) 474 ITR 253 (Karn)(HC)

S. 245D : Settlement Commission-Settlement of cases-Procedure-Application-Unexplained investments-Search-Jewellery-Conclusion of Settlement Commission by accepting explanation in spirit of settlement could not be faulted calling for interference in exercise of writ jurisdiction. [S. 115BBE, 132, 245D(4), 245I, Art. 226]

CIT (Central) v. RNS Infrastructure Ltd. (2024) 300 Taxman 101 /469 ITR 29 (SC) Editorial : CIT (Central) v. RNS Infrastructure Ltd (2022) 286 Taxman 509/ 442 ITR 417 (Karn)(HC)

S. 245D : Settlement Commission-Limitation-Delay in passing order not due to assessee-Delay could be condoned-SLP of Revenue is dismissed. [S. 245D(4A), 245D(4A)(iii),245HA(1)(iv), Art. 136]

PCIT v. S.R. Ferro Alloys (2024) 300 Taxman 445/469 ITR 485 (SC) Editorial : S.R. Ferro Alloys v. ITSC (2017) 81 taxmann.com 481( 2024)469 ITR 438 (MP)(HC)

S. 245D : Settlement Commission-Search and seizure-Suppression of sale-Abated on account of it not being true and full disclosure of unaccounted income on basis of volumetric report-Survey report-High Court also held that withdrawal of writ petition did not close any of rights of assessee to raise issue of illegality of survey report before Settlement Commission and, thus, by withdrawal of writ petition matter of challenge to volumetric measurement report could not become final-SLP of Revenue is dismissed. [S.132, 133A, 245C, 245D(4), Art. 136]

Kamla Mehta v. CIT (2024) 300 Taxman 625/ 341 CTR 449/ 243 DTR 244 (P&H)(HC)

S. 234B : Interest-Advance tax-Application of seized or requisitioned assets-Seized cash can only be adjusted against tax liability of person from whom cash was seized and till date of framing of assessment of parties-Revenue had no authority to treat cash seized from possession of one person as cash belong to another person. [S.132(4), 132B(3),140A,153A, 260A]

Centre For Policy Research v. Dy. CIT (2024) 300 Taxman 66 / (2025) 475 ITR 96 (Delhi)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Pendency of appeal before CIT(A)-Failure to deposit 20 per cent of outstanding demand-Application for stay of demand could be considered without a 20 per cent pre deposit, matter required to be remitted to Assessing Officer for considering stay application bearing in mind legal principles-Matter remanded. [S. 250, Art. 226]

PPK News Click Studio (P.) Ltd. v. Dy. CIT (2024) 165 taxmann.com 613 (Delhi)(HC) Editorial : Order of High Court is modified, as 30 percent of tax in dispute is recovered, stay is granted till disposal of appeal by Tribunal. PPK NewsClick Studio (P.) Ltd. v. Dy. CIT (2024) 300 Taxman 449 (SC)

S. 220 : Collection and recovery-Assessee deemed in default-Cash credits-Pendency of appeal before Tribunal-Not been able to make out prima facie case in its favour for stay on recovery proceedings and had also not been able to demonstrate financial stringency-Recovery proceedings is not stayed. [S. 220(6), 254(1), Art. 226]

PPK News Click Studio (P.) Ltd. v. Dy. CIT (2024) 300 Taxman 449 / 2025) 343 CTR 675(SC) Editorial : PPK News Click Studio (P.) Ltd. v. Dy. CIT (2024) 165 taxmann.com 613//(2025) 343 CTR 676 (Delhi)(HC), modified.

S. 220 : Collection and recovery-Assessee deemed in default-Pendency of appeal before Tribunal-30 per cent of demand had already been recovered-Further recovery of tax demand is stayed till disposal of appeal by Tribunal.[S. 220 (6), 254(1) Art. 136]

CIT (IT) v. Red Hat India (P.) Ltd (2024) 300 Taxman 93 (SC) Editorial : CIT v. Red Hat India (P.) Ltd (2023) 295 Taxman 247 (Bom)(HC)

S. 201 : Deduction at source-Failure to deduct or pay-Foreign remittance-Purchase of subscription-No liability to pay tax in India-Cannot be treated as assessee in default-DTAA-India-Singapore-SLP of Revenue is dismissed due to low tax effect. [S. 9(1)(vii), 201(1), 201(IA), 268A, Art. 5, 7, 12(3), 12(4)(a), 12(4)(b)]