Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Legend Steel (P.) Ltd. v. UOI (2023) 294 Taxman 564 (Orissa) (HC)

S. 220 : Collection and recovery-Assessee deemed in default-Cash credits-Pendency of stay application-Assessing Officer was directed to consider the stay application and pass an order. [S. 68, 220(6), 250, Art. 226]

CIT (IT) v. Air India Ltd (2023)294 Taxman 163 /456 ITR 139(SC) Editorial : CIT v. Air India Ltd. (2022) 289 Taxman 492/ (2023) 456 ITR 117 (Delhi)(HC)

S. 206AA : Requirement to furnish Permanent Account Number-Non-Resident-Provision cannot have overriding effect on DTAA-Rates prescribed under DTAA are applicable-DTAA-India-Netherland-SLP of Revenue dismissed. [S. 2(37A)(iii), 4, 5, 9(1)(i), 90(2), 206AA(7), Art. 12(4)]

Erode Mavatta Valamana Thodakka v. Managing Director/Additional Registrar, Erode District Central Cooperative Bank (2023) 294 Taxman 730 /(2024) 470 ITR 130(Mad.)(HC)

S. 194N : Payment of certain amounts in cash-Deduction of tax at source-Exemption to Societies-Directing Ministry of Finance, Government of India and CBDT to immediately examine representation of Tamil Nadu Government for exemption of Societies from section 194N after affording opportunity of hearing to Government and all stakeholders through public notice. [S. 119, Art. 226]

PCIT v. J&K Bank Ltd (2023) 294 Taxman 580 /2024) 338 CTR 110(J & K and Ladakh)(HC)

S. 194A : Deduction of tax at source-Interest other than interest on securities-Jammu Development Authority (JDA) being a corporation established by a State Act is outside purview of section 194A-Not and obliged to deduct tax at source on payment of interest by it on FDs/deposits made by JDA. [Jammu Development Authority Act, 1970, S. 3]

Kushal Vinodchandra Mehta v. Income-tax Officer (2023) 458 ITR 359 / 294 Taxman 307 (Guj)(HC)

S. 179 : Private Company-Liability of directors-The non-recovery of dues was not linked to the Assessee’s gross negligence, misconduct, or breach of duty, and all relevant circumstances were not reflected in the notice-Notice was quashed-Authority was directed to reconsider decision and initiate fresh step in accordance with law. [Art. 226]

Jagesh Savjani v.UOI (2023) 459 ITR 194/ 154 taxmann.com 42 (Bom)(HC) Editorial : SLP of Revenue, dismissed, ITO v. Jagesh Savjani (2023) 459 ITR 210/ 294 Taxman 601 (SC)

S. 179 : Private company-Liability of directors-Notices lacked disclosure of steps taken for tax recovery from company-Order was quashed. [Companies Act, 2013, S.167, Art.226]

ITO v. Jagesh Savjani (2023) 459 ITR 210/ 294 Taxman 601 (SC) Editorial : Jagesh Savjani v.UOI (2023) 459 ITR 194/ 154 taxmann.com 42 (Bom)(HC)

S. 179 : Private company-Liability of directors-Notices lacked disclosure of steps taken for tax recovery from company-Order of High Court quashing the Notice-SLP of Revenue is dismissed. [Companies Act, 2013, S.167, Art. 136]

PCIT v. Panchmukhi Management Services Pvt. Ltd. (2023) 456 ITR 332 / 153 taxmann.com 297 (Delhi)(HC) Editorial : SLP of Revenue is dismissed, PCIT(C) v. Panchmukhi Management Services Pvt. Ltd. (2023)456 ITR 358/294 Taxman 423 (SC)

S. 153C : Assessment-Income of any other person-Search-Share capital-Cash credits-Bogus accommodation entries-No incriminating material brought on record-Order of Tribunal deleting the addition is affirmed. [S.68, 132, 153A]

ACIT v. Anilkumar Gopikishan Agrawal (2023) 454 ITR 531 /294 Taxman 68 / 334 CTR 220 (SC) Editorial : Anilkumar Gopikishan Agrawal v. ACIT (2019) 418 ITR 25 (Guj)(HC), reversed.

S. 153C : Assessment-Income of any other person-Search-Belongs or belongs to-Pertains or pertaining-Search conducted prior to date of amendment-Prior to and after amendment by Finance Act, 2015, with effect from 1-6-2015-Amendment brought to section 153C vide Finance Act, 2015 shall be applicable to searches conducted under section 132 before 1-6-2015, i.e., date of amendment. [S. 132, Art. 136]

Dy. CIT v. U. K. Paints (Overseas) Ltd. (2023)454 ITR 441/ 294 Taxman 72 / 334 CTR 217 (SC) Editorial : From the Judgement of Delhi High Court, ARN Infrastructure Ltd v.ACIT (2017) Delhi)(HC), BJN Holdings lTD v. Dy.CIT (2020) 15 ITR-OL 408 (Delhi)(HC), PCIT v. Ankush Salija (2019) 419 ITR 431 (Delhi)(HC), ITA No. 904 pf 2017 dt 30-10-2017, ITA No. 73 of 2017 dt. 6-3-2019 (Bom)(HC), ITA No. 1252 & 1251 of 2016 dt. 4-1-2019 (Bom)(HC)

S. 153C : Assessment-Income of any other person-Search-No incriminating material is found-Deletion of addition is justified-Department at liberty to initiate reassessment proceedings in accordance with law.[S. 132, 147, 148]