Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Kiran Tomar & Ors v. State of Uttar Pradesh (2022) SCC Online SC 539

S. 139 : Return of Income – Income tax returns do not necessarily furnish an accurate guide of the real income- Particularly, when parties are engaged in a matrimonial conflict- High Court was not justified in setting aside the order of the Family Court . [ Code of Criminal Procedure 1973 , S. 125 ]

Pioneer Overseas Corporation USA (India Branch) v. CIT(IT) (2022)449 ITR 186 / 329 CTR 686 / 220 DTR 39 / 145 taxmann.com 475/(2023) 290 Taxman 375 (SC) Editorial: Decision affirmed , Pioneer Overseas Corporation USA (India Branch) v. CIT(IT) ( 2017) 248 Taxman 186 ( Delhi)( HC)

S. 220 : Collection and recovery – Assessee deemed in default – Interest mandatory — Delay in payment of tax — Waiver — No genuine hardship- Raising dispute before Authority not ground for waiver of interest — Dispute pending resolved under mutual agreement procedure – Order of Commissioner refusing to waive interest is justified. [ S. 220(2), 220(2A) ]

Rajiv Kumar v. ACIT (2023) 146 taxmann.com 115 (Chd)(Trib) www.itatonline .org

S. 142(2A): Inquiry before assessment– Special audit– Reference to Special Audit – Without opportunity of being heard – Illegal – No extension of time for assessment – Additional ground – Assessment order is barred by limitation. [ S. 143(3), 153 , 254(1) ]

S. J. Surya v. Dy. CIT (2022) 288 Taxman 621 / 214 DTR 361/ (2023) 333 CTR 493 (Mad.)(HC)

S. 276CC : Offences and prosecutions-Failure to furnish return of income-Tribunal quashing the order on ground of limitation-Criminal prosecution initiated against petitioner for committing offences under sections 276CC and 276 could not be quashed. [S. 139, 148, 153A, 276C, 278E]

Dharampal R. Pandia v. ACIT (2022) 288 Taxman 177 /(2023) 335 CTR 787 (Mad.)(HC)

S. 276CC : Offences and prosecutions-Failure to furnish return of income-Survey-Delay of several months-Launching of complaint is justified-Petition to quash the proceedings dismissed. [S. 133A, 139, 148, 271(1)(c), 276(1), 277]

A. Latha v. Dy. CIT (2022) 288 Taxman 565 (Mad.)(HC)

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Order of CIT(A)) was set aside by the Tribunal-Prosecution launched on alleged failure to comply demand notice will not survive-Criminal petition was allowed. [S. 256, 276((2), 278E]

ITD v. Jenious Clothing (P) Ltd. (2022) 288 Taxman 521 (Karn.)(HC).Editorial: Notice issued in SLP filed by Revenue ,ITD v. Jenious Clothing (P) Ltd (2023) 290 Taxman 101 ( SC)

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Not managing director-Not in charge of day to day activities of the company-No error was committed by Trial Court in discharging assessee-Revision petition of Revenue was dismissed. [S. 2(35)(b)]

PCIT v. Harish Kumar HUF (2022) 288 Taxman 316 / 219 DTR 62 / 329 CTR 781 /(2023)455 ITR 350(Delhi)(HC)

S. 271(1)(c) : Penalty-Concealment-Disallowance of claim. [S. 45, 94, 260A]

Prem Brothers Infrastructure LLP v. NFAC (2022) 288 Taxman 768 / 219 DTR 180/(2023) 334 CTR 363 (Delhi)(HC)

S. 270A : Penalty for under-Reporting and misreporting of income-Immunity from imposition-Furnished all details of transactions-Disallowance cannot be considered misreporting-In absence of details as to which limb of section 270A was attracted and how ingredient of sub-section (9) of section 270A was satisfied, mere reference to word misreporting by revenue in penalty order to deny immunity from imposition of penalty and prosecution makes impugned order manifestly arbitrary-Penalty was quashed-Revenue was directed to grant immunity under section 270AA of the Act. [S. 14A, 270A(9), 270AA, Art. 226]

D.R. Patanaik v. CCIT (2022) 288 Taxman 584 (Orissa)(HC)

S. 264 : Commissioner-Revision of other orders-Temporary advance in respect of nine concerns-Interest on borrowed capital-Reassessment-Rejection of revision application is held to be not valid [S. 36(1)(iii) 147, 148, Art. 226]