Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dhashrathsinh Ghanshyamisnh v .PCIT (2024) BCAJ – September – P. 59 ( Ahd)( Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Mistake in calculation of tax at slab rate instead mentioned in section 115BBE – Mistake can be rectified under section 154 -Revision proceedings cannot be invoked . [ S.115BBE , 143(3), 154 ]

Maa Chintpurni Mining Pvt Ltd v.ITO( 2024) BCAJ – September – 61 (Ranchi)( Trib) Avdesh Jain v. ITO ( 2024) 167 taxmann.com 730 ( Raipur)( Trib)

S. 250 : Appeal – Commissioner (Appeals) – Procedure -No power to dismiss the appeal on account of non -prosecution – Order of CIT(A) is set aside to decide on merits .[ S.250(6), 251 ]

Kajal Deepak Trust v. ITO ( 2024) 167 taxmann.com 378 ( Raipur )( Trib)

S. 246A : Appeal – Commissioner (Appeals) – Appealable orders – Sole beneficiary of private discretionary Trust – Appeal could be filed beneficiary only and not by trust – Beneficiary is directed to file an appeal before CIT( A) by filing application for condonation of delay . [ S.160, 166 , 250]

Standard Chartered Bank ( Singapore ) Ltd v. DCIT(2024) BCAJ -October -P .52 ( Mum)( Trib)

S. 234C : Interest – Deferment of advance tax -Failure of the payer to deduct tax source – Interest on certain bonds and Government securities – Assessee can not be penalised by levy of interest . [ S. 143(1), 194LD ]

Dream Design and Display India Pvt Ltd v. DCIT ( 2024) BCAJ – November – P. 48 ( Delhi)( Trib)

S.200A: Processing of statements of tax deducted at source – Before amendment by the Finance Act , 2015 – w. e.f. Ist June 2015 did not permit levy of fee under section 234E , for delay in filing quarterly statements , while processing the quarterly statements . [ S. 234E ]

Culver Max Entertainment Pvt Ltd v.ACIT(2024) BCAJ- July -P. 36 ( Mum)( Trib)

S. 199 : Deduction at source – Credit for tax deducted –Income offered in the relevant year – Demerger – Eligible for TDS credit even if the TDS certificates are in the name of the demerged company/ Transferor company .[ S.144C ]

Vishal Pachisia v .ITO ( 2024) BCAJ – January – P .33( Kol)( Trib)

S. 199 : Deduction at source – Credit for tax deducted – Once tax is deducted at source – Though the deductor has not deposited the tax – The Tribunal directed the AO to allow the credit to deductee assessee. [ S.143(1), 205, Form No 26AS ]

Benetton India (P) Ltd v. JCIT ( 2024) 167 taxmann.com 76 ( Delhi)( Trib)

S. 194I : Deduction at source – Rent – Shop in a mall on rent – Common area maintenance (CAM) – Charges are separate and distinguishable services – The applicable rate of TDS is 2 per cent under section 194C and not 10 percent under section 194I .[S.194C ]

ITO v. Nathani Parekh Constructions Pvt Ltd ( 2024) BCAJ – August – P. 46 ( Mum)( Trib)

S. 194I : Deduction at source – Rent -Alternative accommodation- Hardship allowance – Payments made to tenants of a Co -Operative housing society towards alternative accommodation charges /hardship allowance rent are not liable to deduct tax at source .[ S. 132A(2A ) ]

Aradhya Jain Trust v .ITO ( 2024) BCAJ – November – P. 47 ( Mum)( Trib)

S. 167B : Charge of tax – Shares of members unknown – Discretionary trust – Anti avoidance rule- Maximum rate of surcharge applicable in the case of an individual – This rate applies to a private discretionary trust as well . [ S. 2(29C) , 143(1) ]