Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Trinity Education Trust v. ITO ( 2023) The Chamber’s Journal – April-P. 139 ( Surat )( Trib)

S. 11 : Property held for charitable purposes – Not filing of Form No .10B along with the return – Denial of exemption is not justified . [ S. 154 ]

Clix Capital Services (P.) Ltd v. JCIT ( 2023) 149 taxmann.com 279( Delhi )( HC )

S. 271C : Penalty – Failure to deduct at source – Notice issued nine years after the end of the relevant financial year – Barred by limitation – Order was quashed .[ S. 274, 275 (1)( c), Art , 226 ]

Rohit Kapur v. PCIT (2023) 148 taxmann.com 397 / 292 Taxman 135 ( Dellhi) ( HC)

S.270AA: Immunity from imposition of penalty ,etc-Order passed without giving an opportunity of hearing – Matter was remanded back to consider the application of the assessee. [ S. 270A , 270AA(4), Art , 226 .]

Prime ABGB (P.) Ltd v. NFAC (2023 147 taxmann.com 357/ 292 Taxman 149 (Bom)( HC)

S. 250 : Appeal – Commissioner (Appeals) – National Faceless Appeal Centre ( NFAC) -Ex-parte order – -Non -filing of grounds of appeal at the time of filing of Form No 35 – Dismissing the appeal without considering the submissions filed by the assessee – Order was set aside . [ S. 251 , Art , 226 ]

OYO Hotels & Homes (P.) Ltd v. Dy.CIT (2023) 148 taxmann.com 410 (Delhi)( HC)

S.241A: Refunds- Withholding of refund in certain cases – Intimation order was passed – Order withholding refund was set aside and the Revenue was directed to conduct a de novo exercise as per provision of section 241A of the Act . [ Art , 226 ]

Milestone Systems A/S v. Dy .CIT ( 2023) BCAJ -April – 49 ( Delhi)( HC)

S. 197 : Deduction at source – Certificate for lower rate Binding judgement of Supreme Court – Pendency of review – Assessing Officer is bound to follow the judgement – Order has to be passed due application of mind- DTAA -India – Denmark .[S. 9(1)(vi), 195 , Art, 13(3) Art. 226 ]

Kuni Sahoo (Smt ) v .UOI (2023) 147 taxmann.com 237 ( Orissa )( HC)

S. 194A : Deduction at source – Interest other than interest on securities – Delay in payment of interest – Tax was deducted out of gross amount of interest without spreading over the period of delay – Not justified- Directed to refund the TDS deducted . [S. 2(28A),2(28B), Motor Vehicles Act, 1988 , S.168, 173, Art , 226 ]

Geeta P.Kamat v .PCIT ( 2023 ) 150 taxmann.com 490 / 455 ITR 23 /BCAJ – Apri – P.45 ( Bom)( HC)

S. 179 : Private company – Liability of directors -Recovery proceedings- Gross neglect , misfeasance or breach of duty -Not proved – Order of the Assessing Officer and order rejecting the revision application was quashed . [ S. 264, Art , 226 ]

ACIT v. Serajuddin & Co. ( 2023)454 ITR 312/ 292 Taxman 566/ 226 DTR 91 / 333 CTR 228 ( Orissa)( HC)/Editorial: SLP of Revenue is dismissed , Asst CIT v. Serajuddin and Co. (2024)463 ITR 698 (SC)

S. 153D : Assessment – Search – Approval – Order passed without obtaining the prior approval is bad in law . [ S. 132 ,153A, 153B]

Aricent Technologies (Holdings ) Ltd v. ACIT (2023) BCAJ – April-. 47 ( Delhi)( HC)

S. 153 : Assessment – Limitation – Assessment barred by limitation- Refund due to the assessee must be paid along with the interest . [ S. 153(3), 153 (4), 254(1) Art, 226 ]