Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Cognizant Technology Solutions India (P.) Ltd. v. ACIT (2024) 297 Taxman 137 /464 ITR 190/ 338 CTR 141 (SC) Editorial: Cognizant Technology Solutions India (P.) Ltd. v. ACIT(2024) 158 taxmann.com 428 /338 CTR 143/464 ITR 183 (Mad)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal-Direction of High Court is modified and requirement of security with respect to penalty was to be dispensed with.[S.115-O, 226, Art. 136]

CIT (TDS) v. B. Arunkunar Trading Ltd (2024) 297 Taxman 567 /465 ITR 748/339 CTR 49 (Bom)(HC)

S. 194I : Deduction at source-Rent-Storage charges-Storage tanks-Did not qualify either as land or as building-Not liable to deduct tax at source. [S. 201(IA), (260A]

Gee Cee Metals (P.) Ltd. (AOP) v. PCIT (2024) 297 Taxman 67 (SC) Editorial : Gee Cee Metals (P.) Ltd. (AOP) v. PCIT (2023) 152 taxmann.com 331/445 ITR 211 (Uttarakhand)(HC)

S. 154 : Rectification of mistake-Mistake apparent from the record-Refund of tax deduction at source-Central Board of Direct Taxes-Instructions-Application was filed after 12 years from assessment year-High Court dismissed as barred by limitation-SLP dismissed as withdrawn with the liberty to make an application before CBDT.[S. 119, art.136]

Shyamlal Rupchand Parwani v. ACIT (2024) 297 Taxman 581 / 337 CTR 850 (Guj.)(HC)

S. 153C : Assessment-Income of any other person-Search and seizure-Satisfaction note-Served satisfaction note subsequent to notice under section 143(2)-Writ petition is dismissed.[S. 132 142(1), Art. 226]

PCIT v. Gali Janardhana Reddy (2024) 297 Taxman 62/463 ITR 697 (SC) Editorial : PCIT v. Gali Janardhana Reddy(2023) 152 taxmann.com 332/ 454 ITR 467 (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-High Court quashed the proceedings-SLP of Revenue is dismissed. [S. 132, 153A]

PCIT v. G. Lakshmi Aruna (Smt) (2024) 297 Taxman 396 (SC) Editorial: PCIT v. G. Lakshmi Aruna (2023) 150 taxmann.com 107 /333 CTR 257/225 DTR 417 (Karn)(HC)

S. 153C : Assessment-Income of any other person-Recording of satisfaction is mandatory by the Assessing Officer of searched person-Order of High Court affirming the order of Tribunal is affirmed-SLP of Revenue is dismissed. [S. 143(3)]

ITO v. Pinki Rajesh Modi (2024) 297 Taxman 397 (SC) Editorial: Pinki Rajesh Modi v. ITO (2023) 153 taxmann.com 469/(2023) 294 Taxman 491 (Bom)(HC)

S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years-Satisfaction recorded by Joint Commissioner-The notice issued under section 148 and order is set aside by High court-Notice is issued in SLP filed by the Revenue. [S. 147, 148, 151 (1), Art. 136]

Dy. CIT v. Thirdware Solution Ltd. (2024) 297 Taxman 8 (SC) Editorial: Thirdware Solution Ltd v. Dy.CIT(2023) 146 taxmann.com. 364 (Bom)(HC)

S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years-Sanction was issued by Joint Commissioner-Notice and order disposing the objection is quashed and set aside-Notice is issued in SLP filed by the Revenue. [S. 147, 148, 151(1), 151(2), Art.136]

Pramila Mahadev Tadkase v. ITO (2024) 297 Taxman 161 (Karn.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Time limit for notice-Less than 50 lakhs-Sale of property-Capital gains-Tax deducted at source-Notice and order disposing the objection is quashed.[S. 148, 148A(b), 148A(d),149, Art.226]

Ahmedabad District Co-Op Milk Producers Union Ltd. v. ITO (2024) 297 Taxman 315 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Principle of natural justice-Order passed without granting an opportunity of hearing-Notice and order is set aside-Matter remanded back to the Assessing Officer.[Art. 226]