Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Arrone Ceramic v. JCIT (2023) 203 ITD 123 (Rajkot) (Trib)

S.271C: Penalty- Failure to deduct at source- Purchased two immovable properties-Bonafide mistake – Furnished documents in support that the recipients /payee had shown the sale consideration in their respective returns of income and paid taxes- Penalty levied is deleted .[ S. [S.194IA , 201]

Santosh Jain v. ITO (2023) 203 ITD 102/108 ITR 636 /225 TTJ 388 (Raipur) (Trib)

S.271B: Penalty- Failure to get accounts audited-Books of account not maintained – Can be penalised under section 271A and not under section 271B. [S.44AA, 44AB ,271A]

DCIT v. Emaar Hills Township (P.) Ltd. (2023) 203 ITD 98 (Hyd.) (Trib)

S.201: Deduction at source- Failure to deduct or pay- Limitation- Order passed beyond period of seven years is time barred . [S.195, 200(1), 201(IA) ]

Kunan Mal Kalu Ram Jain and Co. v. ITO (2023) 203 ITD 182 (Jaipur) (Trib)

S.145: Method of accounting- Estimation of income- Books of account not rejected – Estimate of profit is deleted. [ S. 145(3) ]

DCIT v. Inventys Research Co. (P.) Ltd. (2023) 203 ITD 24 (Mum) (Trib)

S.36(1)(va): Any sum received from employees- Delayed payments of Employee’s contribution to PF/ESI- Payment after due date was not allowable – Appellate Tribunal-Rectification of mistake apparent from the record – Miscellaneous application of Revenue is allowed. [S. 43B ,254(2)]

Shree valinath Gujrati Rabari Dharmashala trust Tarabh v. CIT ( 2023) 203 ITD 93// 106 ITR 82 (SN.) ( Ahd)( Trib)

S. 12AB: Procedure for fresh registration – Not communicated exact deficiency in documents submitted -Rejection order is seta side and directed to pass a speaking order by providing a reasonable opportunity . [ Rule . 17A , Form No .10AB ]

Joshi technologies international Inc. v. CIT( 2024) 204 ITD 496 ( Ahd)( Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Scientific research expenditure -Donation to trust – Weighted deduction- Approval granted was expired – Order of the Assessing Officer allowing the claim is erroneous – Revision order id affirmed . [ S. 35(1)(ii) ]

United India Insurance Co Ltd v. Dy.CIT ( 2024) 204 ITD 8 (Chennai )( Trib)

S. 201 : Deduction at source – Failure to deduct or pay – Survey-Medical insurance premium-Payment to co -insurance companies – Natural justice – Matter remanded. [ S.133A ,201(1),201(IA) ]

Olive development Foundation v. CIT ( 2024) 204 ITD 12 ( Mum)( Trib)

S. 80G : Donation – Denial of approval is held to be not justified . [S. 12A , Form No. 10AB, Companies Act, 2013, S.8 ]

Dy.CIT v. National Highways & Infrastructure development Corp. India( 2024) 204 ITD 1 ( Delhi)( Trib)

S. 56 : Income from other sources -Interest income on funds – Separate bank accounts – Deposited into Consolidated Fund of India – Order of CIT(A) deleting the addition is affirmed . [ S. 4 ]