Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Sangeeta Saini (Smt.) v. ITO (2024)113 ITR 52 (SN)(Delhi)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Death of assessee-Commissioner was intimated of death of assessee-Order passed in the name of dead person-Order is bad in law-Additional ground is admitted.[S. 254(1)]

HBC Lifesciences P. Ltd. v. PCIT (2024)113 ITR 65 (SN)(Ahd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Business promotion expenses-Freebies-Change of opinion–Cannot revise the order where the Assessing Officer has conducted enquiry and allowed expenses. [S. 37(1)]

Tiki Tar Industries Baroda Ltd. v. PCIT (2024)113 ITR 388 /228 TTJ 227/235 DTR 49 (Ahd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Income from other sources-Share valuation-Issue of right shares-Deeming provision-Revision on ground unsecured loans not included in valuation-Revision order is set aside. [S 56(2)(viib, R.11UA)

Chief Officer, Town Municipal Council, Malebennuru v. ITO (TDS) (2024)113 ITR 56 (SN) (Bang) (Trib)

S. 254(1) : Appellate Tribunal-Powers-Delay of three to five years-Condoned-Failure to deduct tax at source-Matter is remanded to the file of Assessing Officer for fresh consideration as per law. [S. 194C]

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)]