Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Madan Lal Sharma v. ITO (2024)113 ITR 42 (SN)(Jaipur)(Trib)

S. 250: Appeal-Commissioner (Appeals)-Procedure-Unexplained money-Commissioner (Appeals)-Natural justice-Remand report not received-Commissioner (Appeals) ought to have waited for remand report and taken steps to expedite submission-Order of Commissioner (Appeals) is set aside and matter remanded to Assessing Officer. [S.69A, R.46A(1)]

Meda Raja Kishor Raghuramy Reddy v.ACIT (2024)113 ITR 258 (Panaji)(Trib)

S.250: Appeal-Commissioner (Appeals)-Procedure-Unexplained investments-Unexplained money-Cash credits-Affidavit-Addition is deleted-Delay in filing the appeal is condoned-Commissioner (Appeals) does not have power to dismiss appeal for non-prosecution-[S. 68, 69A,115BBE, 250]

Miraj Developers Ltd. v. CIT (Appeals) (2024)113 ITR 531 /229 TTJ 60/ 236 DTR 353 (Jodhpur)(Trib)

S. 234B : Interest-Advance tax-Appropriate credit for taxes paid before assessment or self-assessment tax-Eligible for consequential relied-Interest on refund-Refund was more than 10 Per Cent. of tax determined after taking into account relief under Section 234B-Entitled to refund. [S.140A, 244A]

Punyabhoomi Welfare Service Society v. ITO (2024)113 ITR 58 (SN) (Ahd)(Trib)

S. 154 : Rectification of mistake-Mistake apparent from the record-Co-Operative Society-Deduction-Interest-Mutuality-Claims and contentions both on legal and factual-Matter remanded to Commissioner (Appeals)-Delay in filing of appeal is condoned.[S.80P, 143(1), 253(2)]

Everest Business Advisory India P. Ltd. v. ACIT (2024)113 ITR 5 (SN)(Delhi)(Trib)

S. 154 : Rectification of mistake-Mistake apparent from the record-Interest on refund-Assessing Officer is directed to allow interest under Section 244A up to respective dates of credit of refund in account. [S. 244A]

KSJ Infrastructure P. Ltd. v. Dy. CIT (2024)113 ITR 433 /229 TTJ 609/238 DTR 257 (Chennai)(Trib)

S. 153C : Assessment-Income of any other person-Search- Limitation-From date of handing over of books of account and other documents by Assessing Officer of person searched to Assessing Officer of third person-Limitation will start on date of recording of satisfaction note by Assessing Officer of person searched that incriminating material referred to third person-Assessing Officer of person searched also having jurisdiction over third person-Assessment year falling beyond stipulated six assessment years and four relevant assessment Years-Barred by limitation. [S. 132, 153A(1)]

Khanna Infrabuild P. Ltd. v. Dy. CIT (2024)113 ITR 595/231 TTJ 530 (Chd)(Trib)

S. 153A: Assessment-Search-Income from undisclosed sources-Hotel business-Cost of construction of hotel building-Valuation referred to Departmental Valuation Officer-Difference in value cannot be added as undisclosed income-Rejection of books of account-Addition is not justified-Business loss-Carry forward-Allowed current year business loss and carry forward thereof for set off in subsequent years.[S. 69, 145 (3)]

IPCA Laboratories Ltd. v. Dy. CIT (2024)113 ITR 53/ 230 TTJ 409 (Mum)(Trib)

S. 153A: Assessment-Search-Assessment completed-Prior to date of search-No incriminating material-Addition is bad in law-Fresh claim cannot be entertained-Assessments for years for which assessments abate-Assessee can lodge new claim not made in regular return of income-Statement-Retraction-Merely on the basis of statement addition cannot be made, if assessee shows he was wrong on facts he admitted. [S. 139,143(3)]

Dy. CIT v. Sandeep Bajaj (2024)113 ITR 8 (SN)(Delhi)(Trib)

S. 151 : Reassessment-Sanction for issue of notice-Joint Commissioner had merely written “Yes, I am satisfied” and not that “It is a fit case for issue of notice under Section 148”-Approval mechanical and not valid. [S. 148, 151(2)]

ACIT v. Varun Resources Ltd. (2024)113 ITR 73 (SN)(Mum)(Trib)

S. 147 : Reassessment-Moratorium in force-Liquidation-Insolvency and Bankruptcy laws-Code has overriding effect over provisions of Act-CIT(A) is wrong in not adjudicating matter on merits-Matter restored to Commissioner (Appeals) for disposal on merits after affording assessee opportunity of hearing through Liquidator. [S. 147, 148, 178(6), (Insolvency and Bankruptcy Code, 2016,S. 14, 33(5), 53, 238]