Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Sri Lakshmi Ammal Educational Trust v. ITSC(2023)454 ITR 804 (Mad)(HC)

S. 245D : Settlement Commission-Settlement of cases-Entire tax on admitted additional income was paid-Short fall of tax was brought to Knowledge through report-Deposited the amount immediately-Sufficient Compliance-Application restored to Settlement Commission. [S. 132, 245C, 245D(2B), Art. 226]

PCIT (Central) v. UOI & ITSC (2023)454 ITR 696 / 224 DTR 441 /334 CTR 261 (All)(HC)

S. 245D : Settlement Commission-Settlement of cases -Application-Full and true disclosure of undisclosed income-Revision of amount-Order of Settlement Commission based on revision is not valid-No power to waive interest-High Court can set aside order of Settlement Commission passed in excess of its statutory powers or in violation of principles of natural justice-High Court also directed the Principal Secretary Government of UP and The Vice Chancellor of King George Medical University, Lucknow to take appropriate action against the individual Doctors who are employees of King Georges Medical University, who are found indulged in blatant private practice and making profits in private companies and also being on their boards as directors [S. 132(4),234A, 234B, 234C, 245C, 245D(4), 245D(6B), 245I, Art. 226]

Jagdish Transport Corporation and Ors v. UOI (ITSC) (2023)454 ITR 264 / 293 Taxman 417/ 332 CTR 601/ 225 DTR 265 (SC) Editorial : Jagdish Transport Corporation and Ors v. UOI (ITSC) (All)(HC) (WP No. 4858 of 2008 dt. 29-3 2017)

S. 245D : Settlement Commission-Settlement of cases-observation-It was not practicable to examine records and arrive at proper Settlement-Directing Authorities to adjudicate and pass orders on other aspects not before it-Writ petition dismissed-Order passed by Settlement Commission a nullity-Orders Of High Court, Assessing Officer, and Settlement Commission set aside and matter remanded to Interim Board for Settlement. [S. 132, 153A, 245AA, 245C(1), 245D(4), 245F(4), 245HA, Art. 136, 226]

Haji Ramzan And Sons v. CIT (2023)454 ITR 440/ 293 Taxman 607 (SC) Editorial: Decision in, Haji Ramzan And Sons v. CIT (2017) 10 ITR-OL 1 (All)(HC), affirmed.

S. 220 : Collection and recovery-Assessee deemed in default-Interest on arrears of tax-Waiver-Refusal to waive interest-SLP is dismissed. [S. 220(2A), Art. 136]

Vedanta Limited v. Dy. CIT (IT)(2023)454 ITR 545/333 CTR 628 (Mad)(HC)

S. 201 : Deduction at source-Failure to deduct or pay-Non-Residents-Assessee-in-default”-Limitation-No statutory period of limitation-Orders must be passed within reasonable time-Limitation prescribed for residents is applicable to payments to non-residents-The extended period of limitation of seven years would be available for passing orders under section 201(1) of the Act deeming a person to be an “assessee-in-default” for failure to deduct taxes in respect of payments to residents is also applicable to non-residents. [S. 201(1), 201(3), Art. 226]

PCIT v. Gali Janardhana Reddy (2023)454 ITR 467 /152 taxmann.com 332 (Karn)(HC) Editorial : SLP of Revenue is dismissed , PCIT v. Gali Janardhana Reddy (2024) 297 Taxman 62 (SC) (Karn)(HC)

S. 153C : Assessment-Income of any other person-Search-Satisfaction note-Limitation-Where no satisfaction is recorded year of search has to be considered. [S. 132, 153A]

S. M. Kamal Pasha v. Dy. CIT (2023)454 ITR 157 (Karn)(HC)

S. 153A: Assessment-Search-No incriminating material found Assessment completed on date of search-Addition cannot be made. [S. 132]

PCIT v. Abhisar Buildwell P. Ltd. (2023)454 ITR 212/ 293 Taxman 141/ 332 CTR 385/ 225 DTR 105 (SC) Editorial : Refer case laws in the editorial. Editorial : PCIT v. Abhisar Buildwell (P.) Ltd. (2023) 294 Taxman 70/ 332 CTR 729/ 225 DTR 497 (SC), Supreme Court refused to entertain Misc, application filed by Revenue seeking clarification order passed and directed Revenue to file an appropriate review application.

S. 153A : Assessment-Search or requisition-Total income-Completed Assessments remain unabated-No addition permissible for such years in absence of incriminating material having been found in search-Completed or unabated assessments can be reopened under Section 147 or 148 of the Act. [S. 2(45), 131, 132, 132A, 143(1), 143(3), 147, 148,285BA]

ITO v. Rinku R. Rai (2023) 454 ITR 35/ 293 Taxman 689 (SC) Editorial : Rinku R. Rai v. ITO (2023) 454 ITR 33(Bom)(HC)

S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years-Sanction of Additional Commissioner-Notice Not Valid-SLP dismissed.[S.144B (1)(xvi), 147, 148, Art. 131]

Anu Gupta v. ITO (2023)454 ITR 785 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Failure to consider replies-Notice and order for issue of notice is set aside-Matter remanded to Assessing Officer. [S. 147, 148, 148A(b). 148A(d), Art. 226]