Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Indian National Congress v. Dy. CIT (2024) 298 Taxman 630 /463 ITR 182/337 CTR 802 (Delhi)(HC)

S. 254(2A): Appellate Tribunal-Stay-Political parties-Denial of exemption-Rejection of stay by the Tribunal-Tribunal is justified in rejecting the stay application. [S. 13A(2), 226, Art. 226]

Gujarat State Fertilizers and Chemicals Ltd. v. Dy. CIT (2024) 298 Taxman 488 (Guj.)(HC)

S. 254(1) : Appellate Tribunal-Duties-Tribunal remanded matter back to Assessing Officer for proper verification and adjudication and decide same as per law-Failure to consider earlier order of Tribunal-Matter remanded to the Tribunal for reconsideration. [S.14A, 260A]

R.J. Williams v. ACIT (2024) 298 Taxman 313/ 471 ITR 257 (Ker.)(HC)

S. 245C : Settlement Commission-Settlement of cases-Failure to make true and full disclosure of income and its sources-Rejection of appllication is affirmed. [S. 132, Art. 226]

Tupperware India (P.) Ltd v. CIT (IT) (2024) 298 Taxman 25 / 465 ITR 777 (Delhi)(HC)

S. 244A : Refunds-Interest on refunds-Lease rent on the basis of actual production days-Deducted TDS on higher on the basis of anticipating tax liability-Excess TDS paid is directed to be refund with interest.[S. 195, Art. 226, 265]

Gurmit Singh Vilkhu v. PCIT (2024) 298 Taxman 247/466 ITR 56/ 339 CTR 79 (MP)(HC)

S. 244 : Refund-Interest on refunds-Not entitle to interest at the rate of 18 per ccent-Salary paid in arrears or in advance-Refundable amount-Relief under section 89 is to be considered at time of calculating payable amount of tax there is no provision in Act to refund amount of relief granted under section 89 as it is [. S. 89(1), 237, Art. 226]

Laqshya Media Ltd. v. Dy. CIT (2024) 298 Taxman 774 (Bom.)(HC)

S. 243 : Refund-Interest on delayed refunds-Failure to grant interest-Strictures-Interest being paid in view of delay by department and officers did not realize that it was a public money that was used to pay interest and an effort should be made to save this public money-Failure to pay same would be viewed as a wilful disobedience of orders and may lead to contempt proceedings. [Art. 226]

Arth Rural Connect Services Ltd. v. UOI (2024) 298 Taxman 392 (MP)(HC)

S. 226 : Collection and recovery-Modes of recovery-Stay of recovery-Re-agitate issue before High Court-Writ petition is dismissed. [S. 226(3), Art. 226]

Anheuser Busch InBev India Ltd. v. CIT (TDS) (2024) 298 Taxman 450 (P&H) (HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal before CIT(A)-Commissioner (Appeals) is directed to decide appeal expeditiously without insisting on recovery of demand and till pendency of appeal demand shall be deemed to be stayed without depositing pre-deposit of 20 per cent. [S. 250, Art. 226]

SFDC Ireland Ltd v. CIT (2024) 298 Taxman 403 /465 ITR 471/ 338 CTR 789 (Delhi)(HC)

S. 197 : Deduction at source-Certificate for lower rate-Income deemed to accrue or arise in India-Fees for technical services-Order denying Nil TDS certificate is quashed and set aside-Matter remanded-DTAA-India-Ireland [S.9(1)(vii), art. 12]

TVS Motor Company Ltd v. ITO (IT) (2024) 298 Taxman 550 (SC) Editorial : TVS Motor Company Ltd v. ITO (IT) (2018) 258 Taxman 77 /(2019) 413 ITR 171 (Mad)(HC)

S. 195A : Deduction at source-Net of tax-Technical services-Income deemed to accrue or arise in India-Royalty-UK based university-Agreed to bear Indian taxes-Required to gross-up amount of fees for technical services (FTS) paid to university, for purpose of deducting TDS under India-UK DTAA-SLP dismissed as withdrawn-DTAA-India-UK [S.9(1)(vi), 9(1(vii), art. 12]