Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. MSM Steels (P.) Ltd. (2023) 199 ITD 232 (Pune) (Trib.)

S. 253 : Appellate Tribunal-Appeals-Pendency of corporate insolvency proceedings under provisions of Insolvency and Bankruptcy Code, 2016-Appeal cannot be proceeded with.[S. 254 (1), Insolvency and Bankruptcy Code, 2016, S. 13, 14]

Milind Madhav Padhye. v. DCIT (2023) 199 ITD 708 (Pune) (Trib.)

S. 234A : Interest-Default in furnishing return of income-Return due on 31-7-2020-Return was filed on 17-10-2020-Delay of 2.5 months-Tax was paid in August & September 2020-Interest correctly computed for the period 31-7-2020 up to August & September 2020 and not up to filing of return. [S. 139 (4)]

Dhirendra Narbheram Sheth. v. ITO (2023) 199 ITD 507 (Rajkot) (Trib.)

S. 234A : Interest-Default in furnishing return of income-Compensatory in nature-Can only be levied up to such date of self-assessment and not beyond that period or till date of completion of assessment.[S. 234B]

Chandrashekhar Sadashiv Potphode. v. DCIT (2023] 199 ITD 381 (Pune) (Trib.)

S. 205 : Deduction at source-Bar against direct demand-Salary-Tax deducted by employer-Not remitted to Central Government-Revenue can recover from employer and not from the employee.[S. 192]

Natma Securities Ltd. v. ACIT (2023) 199 ITD 31 (Delhi) (Trib.)

S. 201 : Deduction at source-Failure to deduct or pay-Cheque tendered on due date-One day delay in debiting in bank account-Date of tendering of cheque for payment of Government dues could be deemed to be date of payment of tax-Interest cannot be levied. [S. 201(IA)

Anil Ratanlal Bohora. v. ACIT (2023) 199 ITD 596 (Pune) (Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Gift of shares-Interest income-Entitled to credit of tax deducted at source on interest earned from gifted amount-Substantive provision prevail over procedural irregularities. [S. 64, R.37BA(2)]

Hari Shankar Singhania Estate. v. JCIT (2023) 199 ITD 496 (Delhi) (Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Commission-Direction issued for reopen the assessment for the Assessment year 2013-14 and tax the commission income and also allow credit of TDS.[S. 147,159, 254(1), R. 37BA(2)(i)]

Prasad Raghoba Naik. v. ADIT (2023) 199 ITD 95 (Panaji) (Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Portuguese Civil Code-Income earned to be apportioned half to spouse-TDS credit to be apportioned-Not entitle to entire TDS credit in his name. [S. 5A,154, 198, Rule. 37BA]

Anup Rajendra Tapadia. v. `DCIT (2023) 199 ITD 205 (Pune) (Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Credit should be given in the year in which the income is assessed though the tenant inadvertently reported same in assessment year 2021-22.[R. 37BA(3)(i)]

Shyam Sunder Bhartia. v. DCIT (IT) (2023) 200 ITD 117 (Lucknow) (Trib.)

S. 148 : Reassessment-Notice-Transfer of case-Case is transferred by Asstt. Commissioner, Moradabad to Dy. Director/Asstt. Director (Intl. Taxn.), Lucknow-No notice under section 127 was served on assessee before transferring jurisdiction-Fnal assessment order passed by Dy. Director/Asstt. Director (Intl. Taxn.), Lucknow-Without jurisdiction, non-est, illegal and bad in law-Reference to dispute resolution panel-Non eligible assessee-Draft order is not valid-Notice under section 148 was issued on 3-7-2019 and limitation would have been extended up to 30-9-2021-Assessment order passed on 28-6-2022, is barred by limitation provided under section 153(2) [S. 92CA(2), 127, 144C, 147, 153(2)]