Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dy. CIT v. Thane District Central Co-Operative Bank Ltd. (2022)98 ITR 316 (Mum) (Trib) Tejpal Singh Bhatia v.ITO (2022) 98 ITR 71 (Lucknow)(Trib)

S. 271(1)(c) : Penalty-Concealment-Show cause notice-Not specifying the charge-Notice without striking off inapplicable words-Notice not valid-Penalty order was quashed. [S. 274]

Anita Awasthi (Smt) v. ITO (2022) 215 DTR 353 / 218 TTJ 512 / 43 taxmann.com 238 (Varansai)(Trib)

S. 271(1)(b) : Penalty-Failure to comply with notices-Reassessment proceedings were held to be without jurisdiction-Penalty proceedings is also quashed. [S. 142(1), 147, 148]

ACIT v. Nippon Leakless Talbros Pvt. Ltd. (2022)100 ITR 55 (SN) (Delhi) (Trib)

S. 268A : Appeal-Instructions-Monetary limits for appeals by Department-How Compute-Tax effect of disputed amount of relief granted by Commissioner (Appeals) to be reckoned and not entire amount of relief granted. [S. 254(2)]

ITO v. Maniar Electricals P. Ltd. (2022)100 ITR 569 (Mum)(Trib)

S. 268A : Appeal-Instructions-Appellate Tribunal-Concealment penalty-Bogus purchases-Monetary limits-Penalty does not fall in exceptional cause of circular-Appeal of Revenue was dismissed due to low tax effect. [S. 253, 271(1)(c)]

H.R. International v. PCIT (2022) 97 ITR 129 (Amritsar)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Remuneration-Partnership deed-Allowable as per income tax Act-Maximum of Rs. 24 lakhs each per annum-Revision is not valid.[S. 40(b)(v)]

Sree Shivalingeswara Arecanut Traders v. PCIT (2022) 209 DTR 32 / 215 TTJ 123 (Bang) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Gross profit estimated-Bogus purchases and sales-Revision order was quashed. [S. 143(3)]

Sunita Gupta v. PCIT (2022) 220 TTJ 447 (Chd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-PCIT order based on assumptions and irrelevant material-Order of PCIT revising AO order set aside.[S. 133(6)]

Surjeet Singh v. PCIT (2022) 219 TTJ 982(Chd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Enquiries were made during assessment proceedings-No discussion in the assessment order-Revision is not valid.[S. 45, 54,, 54EC, 54F]

Om Industries v. PCIT (2022) 217 DTR 230/ 99 ITR 422 (Jaipur)(Trib) JR Industries v. PCIT 2022) 217 DTR 230/ 99 ITR 422 (Jaipur)(Trib) Vikas Oil Products v. PCIT 2022) 217 DTR 230 / 99 ITR 422 (Jaipur)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Bogus sales-Issue is not considered and decided by the CIT(A)-Revision is valid [S. 250]

Rajinder Chauhan v. PCIT (2022) 219 TTJ 1017 / 98 ITR 610 (Chd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Non consideration of reply to show cause notice-Twin Condition of error in the order and said order which can be said prejudicial to the interest of the Revenue, have not been met-Revision order was quashed. [S. 143(3)]