Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT (Central-3) v. Shyam Sunder Jindal [2023] 156 taxmann.com 625/(2024) 296 Taxman 115/462 ITR 501 (Delhi)(HC)/Editorial : SLP of Revenue is dismissed as the delay of 202 days in preferring SLP against the order of High Court is not satisfactorily explained , PCIT v. Shyam Sunder Jindal (2024) 300 Taxman 90 (SC)

S. 271(1)(c): Penalty-Concealment-Not specifying the specific charge-Reason for levying penalty unclear-Order of Tribunal deleting the penalty is affirmed. [S. 260A, 274]

PCIT v. Modi Rubber Ltd. [2023] 157 taxmann.com 588 /(2024) 296 Taxman 381 (Delhi) (HC)

S. 271(1)(c): Penalty-Concealment-Not specifying the charge-Order of Tribunal deleting the penalty is affirmed. [S. 260A]

PCIT v. Ansal Properties & Infrastructure Ltd (2024) 296 Taxman 470/ 463 ITR 85 (Delhi)(HC)

S. 271(1)(c): Penalty-Concealment—Annual letting value-Debatable issue-Not specifying the charge-Order of Tribunal deleting the penalty is affirmed. [S. 22, 23, 274]

Veena Estate (P.) Ltd. v. CIT (2024) 158 taxmann.com 341 / 461 ITR 483 /336 CTR 688 (Bom)(HC)/Editorial : Refer , Veena Estate Pvt. Ltd. v CIT (2025) 475 ITR 115 /171 taxmann.com 472 (Bom)(HC)

S. 271(1)(c) : Penalty-Concealment-Ground raised first time before High Court-After 23 years-Defects in the Notice-Principle of natural justice cannot be raised after 23 years-Assessee participated wholeheartedly in the penalty proceedings, however, later on before the High Court raised the objection in regard to the defect in notice-The assessee had understood the contents of the notice as to which two limbs falling u/s 271(1)(c) and complied with the SCN without raising any objection-Assessee not permitted to raise the question of fact before the Court-Hence, the Revenue’s appeal allowed. [S.260A, 274,Art. 226]

Tata-AldesaJV v. UOI (2024) 159 taxmann.com 534 / 460 ITR 302 (Telangana) (HC)

S. 264 : Commissioner-Revision of other orders-Claim under section 80IA is not made in the return-Assessment is completed u/s 143(3)-Rejection of Revision application is set aside-Remanded to the Commissioner to consider the claim on merit.[S.80IA. Art. 226]

PCIT v. Kansara Popatlal Tribhuvan Metal (P.) Ltd. (2023) 156 taxmann.com 433/(2024) 296 Taxman 88 (Guj)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Company-Book profit-Depreciation-Consistently charging depreciation in its books of account at rates prescribed in Income-tax Rules and accounts of assessee had been prepared and certified as per provisions of Companies Act, 1956-A specific query was raised by Assessing Officer on issue of payment made to related party and verification of fair market value as per provision of section 40A(2)(b) and when answered-Order of Tribunal quashing the Revision order is affirmed. [S. 32,40A(2)(b), 115JB, 260A]

PCIT v. Ramchandra Dahyabhai Narrow Fab (P.) Ltd. [2023] 155 taxmann.com 431/(2024) 296 Taxman 64 (Guj)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Unexplained expenditure-Ad-hoc addition made by the Assessing Officer-Order of Tribunal quashing the direction of PCIT to do de novo assessment is affirmed. [S.69C, 26A]

PCIT v. MBL Infrastructure Ltd. (2024) 461 ITR 148 (Cal)(HC) Editorial : SLP of Revenue is dismissed, PCIT v. MBL Infrastructure Ltd. (2024) 461 ITR 150 (SC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Business of road infrastructure and development-AO allowed the claim made under section 80IA after detailed scrutiny-Revision of assessment order on the ground that the assessee is only a work contractor-Unjustified-Rule of consistency is followed. [S.80IA, 260A]

PCIT v. Prosperous Buildcon (P.) Ltd. [2023] 156 taxmann.com 446/(2024) 296 Taxman 255/463 ITR 132 (Delhi).

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Expenses or payments not deductible-Cash payments exceeding prescribed limits-Order of PCIT quashing the revision order is affirmed. [S. 40A(3)]

PCIT v. Schaeffler India Ltd. [2023] 155 taxmann.com 651 /(2024) 296 Taxman 210 (Guj)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Expenditure on scientific research-Form 3CL filed but delay in intimation-Commissioner passed the revision order-Order of Tribunal quashing the Revision order is affirmed. [S. 35(2AB), 260A, Form No. 3CL]