Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


AKR Academy v. CIT (E) (2024) 299 Taxman 474 (Mad.)(HC)

S. 264 : Commissioner-Revision of other orders-Public charitable trust-Rectification application-Delay and filling errors-The order rejecting revision petition was set aside and matter was to be remanded to Commissioner for reconsideration on merits. [S. 2(15), 10(23C)(vi), 154, Art. 226]

PCIT v. Prakhar Developers (P.) Ltd. (2024) 299 Taxman 252 /339 CTR 370 (MP)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Search-An order of assessment passed under section 153A read with section 143(3) after getting an approval of Jt. Commissioner under section 153D could not be revised under section 263-Tax effect less than 1 crore-Appeal is not maintainable. [S. 40A(3), 143(3), 153A, 260A 268A]

PCIT v. Bina Gupta (2024) 299 Taxman 511 (Cal.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash credits-Long term capital gains-Penny stock-Principal Commissioner had applied its mind and came to prima facie conclusion that Assessing Officer should have treated entire credit as bogus and added back same under section 68 rejecting claim for exemption under section 10(38)-Order of Tribunal quashing the revision is set aside.[S.10(38), 45, 68, 143(3), 260A]

Ansaldo Energia SPA v. Dy. CIT (IT) (2024) 299 Taxman 411 /466 ITR 287(Mad.)(HC)

S. 244A : Refund-Interest on refunds-Section 7 of Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV Act, 2020) is a complete code by itself and if case is to be settled under it, no interest under section 244A is available. [S.154, 245, DTVSV Act, 2020, S.3, 4(1), 7, Art. 226]

Pratik Chimanbhai Gami v. UOI (2024) 299 Taxman 429 (Guj.)(HC)

S. 226 : Collection and recovery-Modes of recovery-Attachment-Joint account holder-Primary account holder-No separate notice is required for having joint account as secondary holder in view of section 226(3)(iii) [S. 226(3)(iii), Art. 226]

Tiruvannamalai District Central Co-operative Bank Ltd. v. CIT (TDS) (2024) 299 Taxman 492 (Mad.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal before CIT(A)-Stay petition did not contain details relating to financial stringency, it was necessary to impose costs on assessee subject to payment of a sum of Rs.10,000/-assessee would be permitted to submit a fresh stay application before assessing officer.[S. 226, 250, Art. 226]

Education Research and Development Foundation v. UOI(2024) 299 Taxman 463 (Cal.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal before CIT(A)-In view of exceptional circumstances as noted in Office Memorandum dated 29-2-2016, assessee was directed to make payment of a sum of Rs.40 lakhs and demand was to be stayed till disposal of appeals.[S. 226, 250, Art. 226]

Vodafone India Services (P.) Ltd. v. Asst. CIT (2024) 299 Taxman 497 (Bom.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Transfer pricing-Arms’ length price-Conditional stay-Order of Tribunal is affirmed. [S. 92C, 254(2A), Art. 226]

Kunj Bihari Lal Agarwal v. PCIT (2024) 464 ITR 738/ (2023) 152 taxmann.com 339 (Raj)(HC) Editorial : Refer, Kunj Bihari Lal Agarwal v. PCIT (2024) 161 taxmmann.com 156 /464 ITR 744 (Raj)(HC), Kunj Bihari Lal Agarwal v. PCIT (Central) (2024) 299 Taxman 92 / 464 ITR 767 (SC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Survey-Reassessment-Pendency of appeal before CIT(A)-High pitched assessment-Direction to pay 20 per cent of the demand-Non speaking order-Directed to pass a speaking order Stay was granted subject to deposit of only 10 per cent of demand.[S.133A, 143(3), 147, 148, 156,226, 250, Art. 226]

Kunj Bihari Lal Agarwal v. PCIT (2024) 161 taxmmann.com 156 /464 ITR 744 (Raj)(HC) Editorial : SLP is dismissed, Kunj Bihari Lal Agarwal v. PCIT (Central) (2024) 299 Taxman 92 / 464 ITR 767 (SC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Survey-Reassessment-Pendency of appeal before CIT(A)-Stay was granted subject to deposit of only 10 per cent of demand.[S.133A, 143(3), 147, 148, 156,226,250, Art. 226]