Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Gudari Large Sized Multipurpose Cooperative Society Ltd. v. ITO ( Cuttack)( Trib) www.itatonline.org .

S. 254(1): Appellate Tribunal- Powers-Practice and Procedure – Authorised representative -Virtual Hearing – Dress Code – Appeal dismissed for non-compliance with SOP.[S. 288, R. 49 , ITAT R, 1963 , 17A ]

Bhavanishanker Naik v. ITO (2025) 236 TTJ 240 (Bang)(Trib)

S.271D: Penalty]-Takes or accepts any loan or deposit]-Cash received from buyer of immovable property-The applicability of amended provisions by Finance Act, 2015 has taken effect from 1st June, 2015-Agreement to sell was entered on 31st Jan., 2015, and registered sale deed was executed on 31st May, 2016-Penalty not leviable. [S. 269SS]

DCITv. Tapadiya Construction Ltd. (2025) 236 TTJ 216 (Pune)(Trib)

S.271D: Penalty]-Takes or accepts any loan or deposit]-Immovable property-Amount received for providing additional amenities in the houses sold by the builder-Definition of consideration for transfer of immovable property referred to in s. 194-IA cannot be applied to consideration received for additional amenities]-Penalty was deleted. [S. 132(4), 194IA, 269SS]

St. Joseph’s Educational Trust v. DCIT (2025) 236 TTJ 507 / 175 taxmann.com 284 / (2026] 133 ITR 328 (Chennai)(Trib) St.Joseph’s Institute of Science & Technology trust v.Dy.CIT 2025) 236 TTJ 507 / 175 taxmann.com 284 / (2026] 133 ITR 328 (Chennai)(Trib)

S. 271AAB: Penalty-Search initiated on or after 1st day of July 2012-Not specifying the charge-Omnibus notice betrays application of mind by the AO-Entire penalty proceedings right from issue of notice to imposition of penalty are ab initio void-Penalty quashed. [S.274]

DCIT v. Sahil Vachani (2025) 236 TTJ 137 / 126 ITR 172/ 175 taxmann.com 979 (Delhi)(TM)(Trib)

S. 271(1)(c): Penalty]-Concealment-Surrender of claim of exemption under s. 54F-Debatable issue-Not liable for levy of penalty under s. 271(1)(c) for furnishing inaccurate particulars of income.[S.54F]

St. Joseph’s Educational Trust v. DCIT (2025) 236 TTJ 507 / 175 taxmann.com 284 / (2026) 133 ITR 328 (Chennai) (Trib) St.Joseph’s Institute of Science & Technology Trust v. Dy.CIT 2025) 236 TTJ 507 / 175 taxmann.com 284 / (2026) 133 ITR 328 (Chennai) (Trib)

S. 270A: Penalty for under-reporting and misreporting of income-Non-specification of charge/fault in the show-cause notice-Absence of proper charge vitiates the penalty notices-Levy of penalty was quashed. [S. 274]

Arjun Das Jasuja v. CIT (2025) 236 TTJ 373 (Ahd)(Trib.)

S. 263: Commissioner-Revision of orders prejudicial to revenue-Lack of proper enquiry-Cost of improvement]-Allowed the claim after verification-AO’s order was neither erroneous nor prejudicial to the interests of Revenue-Revision order was quashed. [S. 45, 55(1)(b)(2)]

DCIT v. Sahil Vachani (2025) 236 TTJ 137 / 126 ITR 172/ 175 taxmann.com 979 ((Delhi)(TM)(Trib)

S. 254(1): Appellate Tribunal-Powers-Information gathered from the Google search engine cannot be the basis for arriving at a decision-Tribunal cannot bring new facts on record, specially gathered from external sources/public domain, which do not form part of the orders passed by the lower authorities without confronting the same to the assessee.

Arun Gopilal SamnanI v. ITO (2025) 236 TTJ 258/ 174 taxmann.com 33 (Ahd)(Trib) Bhargavkumar Parsottambhai Patel (HUF) v. ITO (2025) 236 TTJ 258/ 174 taxmann.com 33 (Ahd)(Trib)

S. 253: Appellate Tribunal-Appeals-Filing fee-Old regime or new regime]-No variation on quantification on assessed income-In terms of provisions of S 253(6), Clause (d) is applicable: filing fees only Rs 500; no defect in filing fees]-Delay of 71 days in filing an appeal was condoned. [S.115BC, 253(6)(d), 254(1)]

The Zoos & Parks Authority Of Telangana v.Dy.CIT (E) (2025) 236 TTJ 117/ 174 taxmann.com 1136 (Hyd) (Trib)

S. 250: Appeal-Commissioner (Appeals)]-Procedure-Condonation of delay-Refusal to condonation of delay and decision on merits-Once the appeal is not admitted on account of delay, the CIT(A) cannot proceed to decide the issue on merit-When CIT(A) has decided the issue on merit despite the delay in filing the appeal, it is deemed or implied that the CIT(A) has condoned the delay in filing the appeal and admitted the appeal for adjudication. [S. 249(3), 251, 253]