Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Ram Chandra Singh v. CIT (2024)466 ITR 260 /164 taxmann.com 668/300 Taxman 180 (SC) Editorial : Ram Chandra Singh v. CIT (2024)466 ITR 251 /164 taxmann.com 667 (Pat)(HC)

S. 271(1)(c) : Penalty-Concealment-Furnishing inaccurate particulars of income-Sundry credits-Burden of proof on assessee-Order of Tribunal affirming the levy of penalty is affirmed by High Court-SLP is dismissed [S. 68, Art. 136]

Jindal Worldwide Ltd v. PCIT (2024) 466 ITR 672 (Guj)(HC)

S. 264 : Commissioner-Revision of other orders-Subsidy-Erroneously treated as revenue-Return was processed under section 143(1)-Revision application was rejected without condoning the delay-Power should be exercised in a liberal manner-Delay should be condoned where there is sufficient cause for it.[S. 264(3), Art. 226]

CIT v. Dhananjay Kumar Yadav (2024) 466 ITR 196 /159 taxmann.com 638 (Pat)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue- More than one source of income-Addition made in respect of one source-Failure to consider genuineness of transactions in respect of other sources of income-Order of Assessing Officer erroneous and prejudicial to revenue.

PCIT v.GTM Builder and Promoters Pvt. Ltd. (2024)466 ITR 440/163 taxmann.com 75 (Delhi)(HC) PCIT v. Tushar Kunar (2024)466 ITR 440/163 taxmann.com 75 (Delhi)(HC) PCIT v. Sargam Estates Pvt. Ltd. (2024) 466 ITR 440/163 taxmann.com 75 (Delhi)(HC)

S. 260A: Appeal-High Court-Assessment-Income from undisclosed sources-Deletion of addition is justified-No substantial question of law. [S. 69, 143(3)]

Ajit Pramod Kumar Jogi (Late) v. ITO (2024)466 ITR 694 /158 taxmann.com 578(Chhattisgarh)(HC)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Failure to apply CBDT Circular-Error which could be rectified [S. 119]

Shailesh B. Patel v. ITO (2024)466 ITR 776 (Guj)(HC)

S. 254(1): Appellate Tribunal-Duties-Additional ground-Agricultural land-Capital asset-Tribunal deciding nature of one piece of land and not deciding with respect to other-Order of Tribunal is set aside and matter remanded.[S. 2(14), 260A]

Alka Ventures Pvt. Ltd. v. Add. CIT (2024)466 ITR 390/161 taxmann.com 701 (Ker)(HC)

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Direction to pay part of demand in instalments within time frame as stipulated by Court-Department is given liberty to recover tax on failure to satisfy conditions of payment.[S.69, 115BBE, 143(1), 144, 144B, 147, 249(4)(b), 250, Art. 226]

Patliputra Builders Ltd. v ITSC (2024)466 ITR 72 (Pat)(HC)

S. 245D : Settlement Commission-Settlement of cases Granting Immunity from penalty or prosecution provided conditions imposed by it fulfilled-Non-fulfilment of conditions-Immunity cannot be claimed.[S. 142(2A), 245C, Art. 226]

UPS Freight Services India Pvt. Ltd. v. Dy. CIT [2023] 156 taxmann.com 489 / (2024)466 ITR 51/ 336 CTR 261 (Bom)(HC)

S. 244A : Refunds-Interest on refunds-Instructions of Central Board Of Direct Taxes-Failure to refund amounts payable under Form 5 issued Under Direct Tax Vivad Se Vishwas Act, 2020 Read With Direct Tax Vivad Se Vishwas Rules, 2020-Assessee entitled to interest on refund for period from date of issue of Form 5 till date of payment.[S. 237, Direct Tax Vivad Se Vishwas Act, 2020, Direct Tax Vivad Se Vishwas Rules, 2020, Art. 226]

PCIT v. Jaswinder Pal Singh (2024)466 ITR 249/300 Taxman 104 (SC) Editorial : PCIT v. Jaswinder Pal Singh (2023) 456 ITR 410 /152 taxmann.com 103 / 334 CTR 319 (P& H)(HC)

S. 237 : Refunds-Disability pension-Retired Officer of Indian Army-Arrears of disability pension received in December 2008-Entitled to exemption-Strictures-Court directed the Revenue for refund of tax paid by assessee with interest at 9 per cent. per annum within one month with costs of RS. 1 lakh. If the payment was not made within the stipulated period interest was to be paid at 18 per cent. per annum from the date of entitlement till actual payment-Delay of 279 days, SLP of Revenue is dismissed.[Pension Regulations for the Army, Rule, 173, Art. 136]