Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


CIT v. Jindal Steel and Power Ltd (2023) 335 CTR 1017/. (2024)460 ITR 162/ 297 Taxman 253 (SC) CIT v. Reliance Industries Ltd 9 2023) 335 CTR 1017/. (2024)460 ITR 162/ 297 Taxman 253 (SC)

S. 261 : Appeal-Supreme Court-Charge of income-tax-Capital or revenue-Carbon credits-Question not raised before High Court-Department estopped from raising issue before Supreme Court at stage of final hearing.[S. 4, 80-IA(4)(iv), 260A]

Kerala State Service Pensioners Co-Operative Society Ltd. v ITO (2023) 335 CTR 105 (Ker)(HC)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Appellate authority cannot dismiss an appeal for non-prosecution, instead has to decide the matter on its merits. [S. 246A, Art. 226]

Tamizhavel P.T. Rajan Commemoration Trust v. ITO (2023) 333 CTR 417 / 149 taxmann.com 340 (Mad)(HC) Editorial: Tamizhavel P.T. Rajan Commemoration Trust v. ITO (2023) 333 CTR 420 /227 DTR 51 (Mad)(HC), disapproved.

S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Writ petition permitted to be withdrawn-On appeal the division bench held that observation of Single Judge on merits of assessee’s claim of exemption under section 11, observations is vacated and set aside.[S. 11, Art. 226]

Sandhya Srivatsan v. CIT (IT) (2023) 333 CTR 2 /226 DTR 337/151 taxmann.com 305 (Karn)( HC)

S. 237 : Refunds-Condonation of delay-Deduction of tax at source-Revised return-Joint Development Agreement-Reflected in form no 26AS-Not claimed refund under bonafide belief-Rejection order is set aside and directed to file revised return. [S. 119(2)(b),139(5), 154, 195A, Art. 226]

Gumegowda Hanumanthe Gowda Nagaraja v. PCIT, (Central) (2023) 334 CTR 212 / 151 taxmann.com 209 (Karn)( HC )

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal before CIT(A)-Search-Concluded assessment-Abatement-Prima facie opinion on abatement would be relevant for purposes of considering question of stay, hence, matter was to be remanded back for consideration afresh. [S. 153A 153C, 246A, Art. 226]

Assistant Excise & Taxation Commissioner v. ITO (TDS) (2023) 335 CTR 597 / 154 taxmann.com 660 (Himachal Pradesh)(HC)

S. 206C : Collection at source-Trading-Toll on mechanical vehicles-Assessing Officer is to directed to verify return filed by toll lessees and in event he came to conclusion that toll lessees had already paid tax on amount which ought to have been collected as TCS by assessee, then he shall not levy any tax on assessee-Matter remanded. [S. 206C(7), Himachal Pradesh Tolls Act, 1975, S.3, 3A]

Sri Guru Singh Sabha v. Dy. CIT (2023) 334 CTR 206/ 224 DTR 165 (Delhi)( HC)

S. 167B : Charge of tax-Shares of members unknown-Registered Society-Maximum marginal rate cannot be applied-Gross receipt cannot be assessed, without allowing the deduction for expenses. [S. 2(31), 11, 12, 37(1), 143(1),251, Registration Act, 1860]

Dr. Syed Anwar v. Dy. CIT (2023) 335 CTR 336 / 146 taxmann.com 247 ( Karn)( HC))

S. 158BD : Block assessment-Undisclosed income of any other person –Search and seizure-On money-Statement retracted-Seized documents did not bear signature of assessee and seized material also did not suggest that assessee had paid any on-money order passed by Assessing Officer was not sustainable.[S. 132,132(4A), 158BC, 260A]

PCIT v. Ram Ratan Modi (2023) 333 CTR 536 (Cal) ( HC)

S. 158BC : Block assessment-Undisclosed income-Protective assessment-Burden discharged-Order of Tribunal quashing the protective assessment is affirmed. [S. 143(3), 158BB, 260A]

CIT v. Dadha Pharma (P.) Ltd. (2023) 333 CTR 130 /225 DTR 329 /153 taxmann.com 106 (Mad)(HC) CIT v. S. Mohanchand Dadha ( Indl) (2023) 333 CTR 130 /225 DTR 329 /153 taxmann.com 106 (Mad)(HC)

S. 158BC : Block assessment-Unexplained money-Shares-Undisclosed income –Amalgamation of companies-Joint venture-Matter remanded to the Assessing Officer to make fresh assessment based on records.[S.47(vi), 69C. 158BB)