Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Central Warehousing Corporation v CIT (2025) 476 ITR 516 (Delhi)(HC) Editorial : SLP rejected, Central Warehousing Corporation. v. PCIT (2025) 476 ITR 520 (SC)

S. 260A : Appeal-High Court-Method of accounting-Bonded warehouses-Accrual basis-Matter remanded to the Assessing Officer on concession by assessee-Appeal dismissed. [S. 254(1)]

Central Warehousing Corporation. v. PCIT (2025) 476 ITR 520 (SC) Editorial: Central Warehousing Corporation v CIT (2025) 476 ITR 516 (Delhi)(HC)

S. 260A : Appeal-High Court-Method of accounting-Bonded warehouses-Accrual basis-Matter remanded to the Assessing Officer on concession by assessee-Appeal dismissed by high Court-If the assessee believed that its counsel wrongly conceded before the High Court on a point of law, it was expected of it to immediately prefer an appropriate application before the High Court and get the matter clarified. It was too late in the day to level such allegations-SLP rejected. [S. 254(1), Art. 136]

Maharaji Education Trust v. PCIT (2025) 476 ITR 9 /304 Taxman 590 (SC) Editorial : PCIT v. Maharaji Education Trust, (2024) 468 ITR 634 /166 taxmann. com 197 (Delhi)(HC)

S. 260A : Appeal-High Court-Ex parte order allowing Department’s appeals-Review petition filed before High Court-No service of notice-On SLP court held that the High Court to look into review petition and take appropriate decision in accordance with law. [Art. 136]

Mega Alloys. v. UOI (2025) 476 ITR 631 (Gauhati)(HC)

S. 250 : Appeal-Commissioner (Appeals)-Delay in disposal of appeals involving demands above Rs. 5 crores-On writ the court directed the Principal Commissioner to ensure disposal of appeals within three months coercive recovery measures to be taken till disposal.[S. 156, 246A, 250(6A) Art. 226]

PCIT v. Amrutlal Madhavjibhai Bharad (2025) 476 ITR 1 / 305 Taxman 413 (SC) Editorial : Mohanbhai Madhavjibhai Bharad v. PCIT (2024) 465 ITR 313/ 336 CTR 578 /158 taxmann. com 13 (Guj) (HC)

S. 244A : Refunds-Interest on refunds-Deduction of tax at source-Delay in application under circumstances beyond control of assessee-Delay is condoned-Entitled to interest on refund-Money held without authority-High Court directed the revenue to grant interest-SLP delayed by 371, 390 and 374 days-SLP of revenue was dismissed on account of delay and also on merit. [S. 194LA, IT R, 1962, R. 31(3), form 16A, Art. 136]

Adhunik Power and Natural Resources Ltd v. Central Coalfields Ltd. & Ors. (2025) 476 ITR 225 /175 taxmann.com 840 (SC) Editorial : Adhunik Power and Natural Resources Ltd. v. Central Coalfields Ltd. and Ors. (2024) 296 Taxman 53/ (2025) 476 ITR 213 (Jharkand)(HC)

S. 237 : Refunds-Collection of tax at source Refund-Interest-High Court directing Department to reimburse seller and to seller to return sum to assessee within specified periods-Direction for payment of interest if time limits set by court not kept-High Court refusing to direct Department to undertake not to appeal against order of Tribunal-SLP of assessee dismissed. [S.244A, Form 27C, Art.136]

Indrayani Ferrocast Pvt. Ltd. v. Dy. CIT (2025) 476 ITR 205 (Bom)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal-Non genuine purchases-Directions to pay 20 per cent. of demand in six instalments-Writ petition dismissed. [S. 156, Art. 226]

Jitendra M. Doshi (Deceased) v. CCIT (2025) 476 ITR 184 (Bom)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Waiver of interest-Genuine hardship-Non-co-operation-Adjusted tax by selling gold bars and diamond jewellery-Rejection of waiver application was affirmed. [S. 220(2A), Art. 226]

CIT v. Nirmal Kumar Kejriwal (2025) 476 ITR 154/304 Taxman 589 (SC) Editorial : PCIT (TDS) v. Nirmal Kumar Kejriwal, (2022) 289 Taxman 51 / 216 DTR 441/ 328 CTR 222 / (2023) 454 ITR 777 (Cal)(HC)

S. 206C : Collection at source-Trading-Forest produce-Timber sized, sawn into logs of different dimensions and shapes-High Court holding product ceased to be forest produce and assessee not liable to collect tax at source-Delay of 880 days-SLP of revenue dismissed on account of delay and also on merits. [Art. 136]

PCIT v. Speciality Paper Ltd[2024] 167 taxmann.com 409 / (2025) 476 ITR 483 (Bom)(HC) PCIT v. Global Paper Impex Pvt Ltd [2024] 167 taxmann.com 409 / (2025) 476 ITR 483 (Bom)(HC)

S. 153C : Assessment-Income of any other person-Search-Un abated assessments-No addition can be made-Order can be reopened if other conditions are satisfied-Appeal of revenue dismissed. [S. 132,132A, 147, 148, 260A]