Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. MIG Co-op. Hsg. Soc. Group II Ltd. (2024) 298 Taxman 284 / 467 ITR 524 (Bom.)(HC)

S. 4 : Charge of income-tax-Income-Redevelopment agreement-Amount paid to members of society-Members offered the amount for taxation-Not taxable in the assessee society- Capital gains- Not taxable in the year under consideration [S.2(24),4, 5 , 45 , 56 260A]

Photon Kathaas Production (P.) Ltd. v. DGIT (Inv) (2024) 297 Taxman 311/464 ITR 89 (Mad.)(HC)

S. 279 : Offences and prosecutions-Sanction-Chief Commissioner-Delay in filing of return-After receiving the summons filed compounding application-Application rejected on grounds of exceeding time limit specified in guidelines issued by Central Board of Direct Taxes on 14-6-2019-On writ the Court held that order was to be quashed and compounding application of assessee was directed to be considered and disposed of on merits.[S. 139, Art. 226]

Anish Modi v. UOI (2024) 297 Taxman 490 (Bom.)(HC)

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Principal Officer-An independent, non-executive, and nominee director-Prosecution is quashed and set aside. [S. 2(35)(b) 278B]

PCIT v. Ankita Deposits & Advances (P.) Ltd. (2024) 297 Taxman 46 /338 CTR 860 (HP)(HC)

S. 271(1)(c) : Penalty-Concealment-Capital gains-Order of Tribunal deleting the penalty is affirmed. [S.260A]

PCIT v. Blackroak Securities (P.) Ltd. (2024) 297 Taxman 69 (Delhi)(HC)

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

PCIT v. Indusind Bank Ltd. (2024) 297 Taxman 139 (SC) Editorial: PCIT v. Indusind Bank Ltd(2019) 105 taxmann.com 391 (Bom)(HC)

S. 271(1)(c) : Penalty-Concealment-Depreciation-Appeal settled under Direct Tax Vivad se Vishwas Scheme-SLP became infructuous. [Art. 136]

IBS Software (P.) Ltd. v. UOI (2024) 297 Taxman 195/336 CTR 358 (Ker.)(HC)

S. 270A : Penalty for under-reporting and misreporting of income-
Immunity from imposition of penalty-Specific finding recorded in assessment order that assessee had under-reported income by misrepresenting facts in return of its income, application under section 270AA seeking immunity from imposition of penalty is not maintainable.[S.270A(9), 270AA, Art. 226]

G.R. Infraprojects Ltd. v. ACIT (2024) 297 Taxman 231/336 CTR 249 (Raj.)(HC)

S. 270A:Penalty for under-reporting and misreporting of income-Application filed by assessee under section 270AA seeking immunity from imposition of penalty had not been decided by Assessing Officer within prescribed time, impugned penalty order as well as demand notice issued under section 156 were to be set aside. [S.155(18), 156,270AA,Art. 226]

CIT (Central) v. Shyam Biri Works (2024) 297 Taxman 140 (SC) Editorial : CIT v. Shyam Biri Works (2015) 57 taxmann.com 157 /231 Taxman 543/ 374 ITR 68 (All)(HC)

S. 268A : Appeal-Instructions-Monetary limits-Less than 10 lakhs-Applicable to pending appeals-SLP of Revenue is dismissed. [S. 119, 260A, Art.136 [

Dun & Bradstreet Technologies & Data Services (P.) Ltd v. PCIT (2024) 297 Taxman 323 (Mad)(HC)

S. 264 : Commissioner-Revision of other orders-concessional rate of tax on dividend distributed to its foreign holding company-Not justified in rejecting revision application on ground that assessee could have filed a revised return or an appeal under section 248-DTAA-India-Mauritius-Matter remanded to decide on merit. [S. 9(1)(i), 90, 139(5), 195, 248, art. 10(2),Art.226]