Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. Shree Developers (2023)459 ITR 466 (MP)(HC)

S. 254(1) : Appellate Tribunal-Duties-Reasoned order-A non-speaking order not only prevents adversely affected persons from knowing the exact reasons behind the conclusion arrived at but also disables the aggrieved person from effectively availing of remedy before the higher forum.[S. 260A]

Virtusa Consulting Services Pvt. Ltd. v. Dy. CIT (2023)459 ITR 522 (Telangana)(HC)

S. 237 : Refunds-Interest-Credit for advance tax and tax deducted at source-Company Merging Under Order Of National Company Law Tribunal-Directions issued to give credit of refund with interest to entity with which company merged. [Art. 226]

DLF Homes Panchkula Pvt. Ltd. v. JCIT(OSD) (2023)459 ITR 773/149 taxmann.com 176/ 333 CTR 754 / 226 DTR 1 (Delhi)(HC)

S. 194I : Deduction at source-Rent-Agreement with State Government for Development-External development charges-Not in the nature of rent-Tax not deductible at source on such charges. [S. 201(1), 201(IA), Art. 226]

Jagesh Savjani v.UOI(2023) 459 ITR 194/335 CTR 993 (Bom)(HC)

S. 179 : Private company-Liability of directors-Only if Officer unable to recover tax due from Private company-Failure to record satisfaction-Show-cause notices and order quashed.[Art. 226]

Rajeev Biswas v. UOI (2023) 459 ITR 36 / (2022) 143 taxmann.com 3 (Cal)(HC)

S. 154 : Rectification of mistake-Mistake apparent from the record-Non-Resident-Service rendered on Foreign ship outside India-Failure to apply circular issued by Central Board of Direct taxes is a mistake apparent from the record-Entitle to exemption. [S.10(6)(viii), 143(1)]

Satya Vidya Real Estate Pvt. Ltd. v. ACIT(2023)459 ITR 331 (Chhattisgarh)(HC)

S. 153C : Assessment-Income of any other person-Search-Writ petition against notice-Alternative remedy-Disputed questions of fact-Writ petition is dismissed. [S. 132, 246A, Art. 226]

R. K. M. Powergen Pvt. Ltd. v. Asst. CIT (2023)459 ITR 792/146 taxmann.com 68 / 334 CTR 68(Mad)(HC) R. K. Powergen Pvt. Ltd. v. Asst. CIT (2023)459 ITR 792/146 taxmann.com 68 (Mad)(HC)

S. 153C : Assessment-Income of any other person-Search-Limitation-Request for information from competent Authority-Further period of one year or till such time receipt of information by Assessing Officer-Completion of assessment within time-Block period-Block comprises assessment years immediately preceding assessment year relevant to previous year in which search conducted-Inclusion of Assessment years found to be in Order-Satisfaction note by Assessing Officer of searched person-Compliance with requirements of recording of satisfaction is mandatory-Warrant-Validity of search-Liberty to approach first Appellate authority. [S. 132, 153A, Art. 226]

CIT v. Fortune Vanijya Pvt. Ltd. (2023)459 ITR 72 /156 taxmann.com 191/(2024) 336 CTR 437 (Gauhati)(HC)

S. 153C : Assessment-Income of any other person-Search-No incriminating material was found-Limitation-Order of Tribunal allowing the appeal is affirmed. [S. 153A]

Agni Estates And Foundations Pvt. Ltd. v. Dy. CIT (2023)459 ITR 44 /157 taxmann.com 312 (Mad)(HC)

S. 153A : Assessment-Search-Limitation-Computation Of Limitation Period-Extension Of Time Limits By 2020 Act-Interim protections granted in writ petitions for certain assessment years Assessment orders for assessment years 2011-12, 2012-13 and 2019-20 are barred by Limitation-Orders set aside. [S. 132, 143(3), 153A, 153B, 271(1)(c), 271B, Taxation And Other Laws (Relaxation And Amendment Of Certain Provisions) Act, 2020, S. 3]

Vellore Institute of Technology v. Asst. CIT (E) (2023)459 ITR 499 (Mad)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Effect of decision of Supreme Court In UOI v. Ashish Agarwal (2022) 444 ITR 1(SC)-Liberty available to matters at notice stage-Assessing Officer issuing second notice but allowing proceedings to lapse-Department cannot proceed for third time invoking liberty granted by Supreme Court-Notices and proceedings quashed. [S.. 147, 148, 148A(b), 148A(d), Art. 226]