Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Jayantibhai Virjibhai Babariya (2023)459 ITR 447 /(2024) 158 taxmann.com 545 (Guj)(HC)

S. 260A : Appeal-High Court-Judgement of earlier year is up held by High Court-No question of law.[S. 254(1)]

PCIT v. Britannia Industries Ltd. (2023)459 ITR 786 /156 taxmann.com 737 (Cal)(HC)

S. 260A : Appeal-High Court-Delay-Delay is not explained satisfactorily-Appeal is dismissed.

Rajeev Biswas v. UOI (2023)459 ITR 36 /(2022) 143 taxmann.com 3 (Cal)(HC)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Failure to apply judicial precedents and Circular issued by Central Board Of Direct Taxes-Error apparent on face of record-Tribunal has jurisdiction to rectify the mistake. [S.10(6)(viii), 143(1), 260A]

PCIT v. Hitesh Ashok Vaswani (2023)459 ITR 610 /156 taxmann.com 200 (Guj)(HC)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Tribunal cannot review its earlier order or reappreciate facts or rectify error of law-Search and seizure-Limitation-Prohibitory order-Department has remedy of appeal to High Court.[S. 132, 153C, 260A]

PCIT v. Shree Developers (2023)459 ITR 466 (MP)(HC)

S. 254(1) : Appellate Tribunal-Duties-Reasoned order-A non-speaking order not only prevents adversely affected persons from knowing the exact reasons behind the conclusion arrived at but also disables the aggrieved person from effectively availing of remedy before the higher forum.[S. 260A]

Virtusa Consulting Services Pvt. Ltd. v. Dy. CIT (2023)459 ITR 522 (Telangana)(HC)

S. 237 : Refunds-Interest-Credit for advance tax and tax deducted at source-Company Merging Under Order Of National Company Law Tribunal-Directions issued to give credit of refund with interest to entity with which company merged. [Art. 226]

DLF Homes Panchkula Pvt. Ltd. v. JCIT(OSD) (2023)459 ITR 773/149 taxmann.com 176/ 333 CTR 754 / 226 DTR 1 (Delhi)(HC)

S. 194I : Deduction at source-Rent-Agreement with State Government for Development-External development charges-Not in the nature of rent-Tax not deductible at source on such charges. [S. 201(1), 201(IA), Art. 226]

Jagesh Savjani v.UOI(2023) 459 ITR 194(Bom)(HC)

S. 179 : Private company-Liability of directors-Only if Officer unable to recover tax due from Private company-Failure to record satisfaction-Show-cause notices and order quashed.[Art. 226]

Rajeev Biswas v. UOI (2023) 459 ITR 36 / (2022) 143 taxmann.com 3 (Cal)(HC)

S. 154 : Rectification of mistake-Mistake apparent from the record-Non-Resident-Service rendered on Foreign ship outside India-Failure to apply circular issued by Central Board of Direct taxes is a mistake apparent from the record-Entitle to exemption. [S.10(6)(viii), 143(1)]

Satya Vidya Real Estate Pvt. Ltd. v. ACIT(2023)459 ITR 331 (Chhattisgarh)(HC)

S. 153C : Assessment-Income of any other person-Search-Writ petition against notice-Alternative remedy-Disputed questions of fact-Writ petition is dismissed. [S. 132, 246A, Art. 226]