Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Ramakrishnan Ramasubramani v. ITO (2024) 301 Taxman 522 (Mad.) (HC)

S. 276CC : Offences and prosecutions-Failure to furnish return of income –No regular assessment completed-Assessee did not fall within meaning and scope of a regular assessment to get protection to proviso (b) to section 276CC-Writ petition to quash the prosecution is dismissed. [S. 279, Art. 226]

Narendar Singh @ Narendra Singh v. UOI (2024) 301 Taxman 568 (Jharkhand)(HC)

S. 276C : Offences and prosecutions-Willful attempt to evade tax-Tax paid with interest-No penalty provision-The assessee is not be allowed to suffer and to face criminal trial and same could not sustain in eyes of law.[S.140A, 277, Art. 226]

PCIT v. Shree Madhi Surali Vibhag Nagarik Sahakari Dhiran Mandali Ltd. (2024) 167 taxmann.com 470 (Guj)(HC) Editorial :PCIT v. Shree Madhi Surali Vibhag Nagarik Sahakari Dhiran Mandali Ltd. (2024) 301 Taxman 556 (SC), SLP of revnue is dismissed on account of failure to explain the delay of 660 days as well as on merits.

S.271D: Penalty-Takes or accepts any loan or deposit-Cash credits-Reasonable cause-High Court affirmed the order of the Tribunal [S. 68, 260A,271E, 273B]

Grandhi Sri Venkata Amarendra v. Jt. CIT (2024) 301 Taxman 516/341 CTR 947 / 244 DTR 139 (AP)(HC)

S. 271D : Penalty-Accepts any loan or deposit –Not recived any cash loan-Un explained money-Penalty levied without recording the satisfaction-Not recorded any finding that there had been any violation of provisions of section 269SS-Penalty order is set aside. [S.69A,153C, 269SS, Art. 226]

PCIT v. Ambady Krishna Menon [2024] 163 taxmann.com 141 (Ker)(HC)

S. 271(1)(c) : Penalty-Concealment-Capital gains-Additional income offered before issue of notice under section 148-Additional income cannot be treated as concealed income-Honesty of assessee in disclosing mistake and paying differential tax before assessment would negate grounds for imposing a penalty-Deletion of penalty is affirmed-[S. 45, 131, 143(1), 143(3), 147 148]

PCIT v ICICI Bank Ltd [2024] 161 taxmann.com 454 (Bom) (HC)

S. 271(1)(c) : Penalty-Concealment-Bonafide claim-Disallowance of interest-Order of Tribunal deleting the penalty is affirmed. [S. 36(1)(vii)]

CIT v. Satish Kumar Agarwal (2024) 301 Taxman 335 (Raj)(HC)

S. 268A: Appeal-Instructions-Circulars-Monetary limits-Enhancing monetary limits-Applicable to all pending appeals. [S. 253, 260A]

Bahar Infocons (P.) Ltd. v. PCIT (2024) 301 Taxman 349 /341 CTR 705 / 243 DTR 417 (Bom)(HC)

S. 264: Commissioner-Revision of other orders-Bonafide mistake-Subsequent to the assessment –Not filed revised return-Over assessed-Commissioner has the power to grant the relief-Rejection order of CIT is quashed and set aside and directed to decide on merit.[S.43B, 139(5), 143(1), 143(3) Art, 226]

CIT(E) v. Ahmedabad Urban Development Authority (2024) 301 Taxman 501 (Guj.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue –
Denial of exemption-Trust or institution-Investment restrictions-Jurisdictional High Court in favour of assessee when the Assessing Officer has passed the order-Revision order is quashed-Order of Tribunal is affirmed. [S. 2(15), 13(8) 143(3), 260A]

PCIT v. North Eastern Electric Power Corporation Ltd. [2024] 469 ITR 4 /164 taxmann.com 307 (Meghalaya)(HC).

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Method of accounting-Once order under S. 263 became final and stood quashed-No question can arise of passing another order as it will be invalid in eyes of law. [S. 143(3), 145, 260A]