Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Hyrcon Electronics (2022) 209 DTR 61 / 324 CTR 614 (HP) (HC)

S. 268A : Appeal – Application – Reference – Instructions -CBDT Circular – Low tax effect – Tribunal dismissed the appeal on disallowance u/s. 14A. Since the Tribunal recorded findings only on the interpretation of the contents of the Circular No. 5/2014 dealing with disallowance u/s. 14A, the said findings cannot be regarded as the Tribunal declaring the CBDT Circular No. 5/2014 either as illegal or ultra vires.[ S. 253, 260A ]

Bimal vs.Pala( Legal heir of Late Smt. Ranjana Paala) v. ACIT (2022) BCAJ -October -P. 69 ( Bom)(HC)

S. 260A : Appeal – High Court – Additional ground – Revision order was passed in the name of dead person – Matter remanded . [ S. 263 ]

Volvo India Pvt. Ltd. (Rep by its Managing Director Sri Kamal Bali) v. ITO (TDS) (2022) 210 DTR 299 / 327 CTR 299 (Karn)(HC)

S. 201: Deduction at source – Failure to deduct or pay – assessee made ad-hoc provisions of expenses in respect of various services received to facilitate closing of the books without reference to any particular party – No deduction towards the expenditure was claimed under these provisions – Proceedings under section 201 / 201(1A) unjustified. [S. 40(a)(ia)]

Pyramid Films International v.Dy.CIT(Inv.) (2022) 211 DTR 137 (Mad) (HC)

S. 158BD: Block assessment – Undisclosed income of any other person – Agreements with the distributors conferring distribution rights of film – Entire amount received prior to release of the film – Entire amount is liable to be offered for tax. [S. 158BC]

Sanjay Gupta v. UOI 2022) BCAJ-October -P. 69 /(2023) 146 taxmann.com 163 (Delhi)(HC)

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Firm dissolved – Department is intimated – Transaction recorded in proprietorship concern – Matter remanded for fresh consideration [ S. 148, 148A(b) 148A(d), Art , 226 ]

PCIT v. Mahla Real Estate Pvt. Ltd. (2022) 210 DTR 182 / 324 CTR 614 (Raj.) (HC)

S. 148 : Reassessment –Notice – Failure to serve a copy of the Notice issued u/s. 148 before passing the re-assessment order would render the order as infructuous- Appeal filed by Revenue dismissed since no substantial question of law arise- Section 292BB was inserted in the Act in 2008 and cannot be given retrospective effect. [ S. 147, 292BB ]

Indian Overseas Bank .v. ACIT (2022) 138 taxmann.com 501 (Mad) (HC)

S. 147 : Reassessment – Bad debt – Involved mixed questions of fact and law as to validity of reopening and taxability of amount received under debt waiver scheme, the High Court was not a proper forum to decide such mixed question and matter was to be remanded back to AO.[ S. 36(1)(viia), 254(1), 260A]

PCIT v. Damodar Valley Corporation (2022) 209 DTR 401 /324 CTR 462 (Cal.) (HC)

S. 115JB : Provisions of section 11JB will not apply to the taxpayer being a corporation established under Damodar Valley Corporation Act, 1948.[ Damodar Valley Corporation Act, 1948 ]

Rajkamal Healds and Reeds Pvt. Ltd. v. ADIT (2022) 211 DTR 275 / 325 CTR 476 (Guj)(HC)

S.115BAA : Tax on income of certain domestic companies – Omission to file Form No 10IC – Directed to file an appropriate application in writing addressed to the Principal Chief Commissioner / Chief Commissioner making a request to permit it to file the Form 10IC electronically after condoning the delay in that regard so that the return of the Assessee can be re-processed or regular assessment can also be framed accordingly. [ S.115BA, 115BAB, 119(2)(b), Form No 10IC , Art , 226 ]

PCIT v. Attire Designers Pvt Ltd (2023) 455 ITR 697 / 290 Taxman 551 /(2022) BCAJ-October -P. 68 (Delhi)(HC)

S. 68 : Cash credits – Credit balance of the associate parties – Purchase transactions- Identity , creditworthiness and genuineness of the transactions of purchases made is proved – Deletion of addition is affirmed – No substantial question of law .[ S. 260A ]