Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Salarpuria Properties (P) Ltd v. PCIT (2023) 223 TTJ 644 (Kol)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Assessment quashed by Tribunal-Revision order is bad in law. [S. 143(3), 153A]

Tata NYK Shipping Pte. Ltd v. CIT(IT) (2023) 223 TTJ 1 / 155 taxmann. com 345 (Delhi)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Lack of enquiry-Operating ships in international traffic-valid Tax Resident Certificate-Revision is not valid-DTAA-India-Singapore. [S. 9(1)(vi), 44B,143(3), art, 7, 8]

V. Guard Industries Ltd v. PCIT(2023) 223 TTJ 851 (Cochin)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Quantity details of consumption-Reflected in tax Audit-Depreciation-Book profit-Interest payment-Revision is not justified-Provision for warranty-Amortisation of employees stock option-Revision is held to be valid. [S. 37(1), 115JB, Form 3CD]

Shyam Sundar Agarwal v. ITO(2023) 222 TTJ 1 (UO) (SMC)(Raipur)(Trib)

S. 253 : Appellate Tribunal-Appeals-Delay of 1563 days-Not given reasonable cause-Delay is not condoned.

Sekar Jayalakshmi (Smt.) v. ITO (2023) 221 TTJ 1025 /150 Taxmann. com 120 (Chennai)(Trib)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Cash credits-Unexplained investment-Assessing Officer made addition to income of assessee in respect of certain credit entries as unexplained credit-Commissioner (Appeals) could not have treated said addition as unexplained money under section 69A as he was not empowered to change provision of law qua item of which assessment was made. [S. 68, 69A]

Dy. CIT v. Mahavir Ashok Enterprises (P) Ltd (2023) 223 TTJ 947 (Raipur)(Trib)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Written submission was forwarded to the Assessing Officer-Failure to file rejoinder-It cannot be held that no reasonable opportunity was not given. [S. 68, 153A]

Saharsh Laxmiratn Daga v. ACIT (2023) 222 TTJ 23 (UO) (Mum)(Trib)

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Condonation of delay-Order of CIT(A) is set aside and directed to condone the delay and decide on merit. [S. 249(3), 250(6)]

Lalit Johri v. ACIT (2023) 223 TTJ 1 (UO)/ 151 taxmann. com 436 (Jodhpur)(Trib)

S. 234A : Interest-Default in furnishing return of income-Return is filed within time allowed by notice under section 153A, no interest would be leviable under section 234A. [S. 139(1), 153A]

Bhulwara Agro Auto Services (P) Ltd v. ITO (2023) 223 TTJ 239 (Jodhpur) (Trib)

S. 206C : Collection at source-Sale of vehicles to dealers-CBDT Circular No. 22 of 2016. dt. 8 th June 2016-Matter remanded to the Assessing Officer. [S. 206(IF),206C(6A)]

Nirav Bipinbhai Vaghasiya v. ITO (2023) 223 TTJ 5 (UO) (SMC)(Surat)(Trib)

S. 199 : Deduction at source-Credit for tax deducted-Firm-Partner-Sale of immoveable property-Failure to file declaration-Directed to file an application under section. 199 read with Rule 37BA of the Act. [R. 37BA]