Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Fusion Granito Pvt. Ltd. v. ACIT (2025) 472 ITR 725 (Guj.) (HC)

S. 144B : Faceless Assessment-Alternative remedy-Denial of opportunity of hearing on ground technically not feasible through video conference-Assessing Officer is directed to give opportunity of hearing in designated area of Department’s office-Assessment order quashed and set aside.[S. 143(3), Art. 226]

Pr. CIT v. Vikram Dhirani (2025) 472 ITR 342 (Delhi) (HC)

S. 143(3) :Assessment-Search and seizure-Assessment in search cases-Additions cannot be made on the basis of data appearing in pen-drive not unearthed during search which does not constitute incriminating material. [S. 132(4), 153A, 260A]

Northern Arc Investment Managers (P.) Ltd. v. DDIT (2025) 171 taxmann.com 305 / 472 ITR 154 (Mad)(HC)

S. 143(1) : Assessment-Intimation-Prima facie adjustment-Corrections to returns must be intimated to the assssee-Reply of assessee must be considered-Application for rectification u/s 154 not considered-Scrutiny proceedings initiated, AO directed to consider the assessee’s reply and thereafter initiate scrutiny proceedings under Faceless Assessment Scheme. [S. 154, Art. 226]

Adarsh Developers v. Dy. CIT (2025) 472 ITR 765 (Karn.) (HC)

S. 124: Jurisdiction of Assessing Officers Faceless Assessment-Objection to jurisdiction has to be raised within reasonable time-Writ petition is dismissed-Alternative remedy. [S. 119(2), 143(3) 144B, 154, 246A, General Clauses Act, 1897, S. 24, Art. 226]

Alcatel Lucent India Ltd. v. Dy. CIT (2025) 472 ITR 22 (Delhi) (HC)

S. 92CA : Transfer pricing-Reference to Transfer Pricing Officer-Arm’s Length price-Avoidance of tax-Computation of Arm’s Length Price-Appeal to Appellate tribunal-Issues of inclusion and exclusion of comparables for determination of arms length price-Contentions regarding dissimilarities in product, function and on-site and off-shore revenues earned not considered and adjudicated by the tribunals-Matter remanded back to Tribunal.[S.92CA(3), 260A]

PCIT v. Sharp Business Systems (India) Pvt. Ltd. (2025) 472 ITR 582 (Delhi) (HC)

S. 92C : Transfer pricing-Advertising, marketing and promotion expenses are not international transaction-Tribunal directing exclusion of routine sales and distribution expenses-Not erroneous.[S. 260A]

DIT (IT) v. Western Union Financial Services Inc. (2025) 472 ITR 220 (Delhi) (HC)

S. 90 : Double taxation relief-Non-resident-Tests-Fixed place permanent establishment-Assessee company providing remittances services to non-residents in USA-Liaison office set up in India under conditional permission granted by Reserve Bank of India-Reports to Reserve Bank of India not showing any violations of conditions-No material to establish that liaison office at disposal of assessee or belonged to assessee to conduct its business wholly or partly-Nature of activities of liaison office preparatory and auxiliary-Liaison office not permanent establishment of assessee.-Not exigible to tax in India-DTAA-India-USA [Art. 5(1), 5(2), 5(3)]

Munchener Ruckversicherungs Gesellshaft Aktienge-sellschaft in Munchen v. CIT (IT) (2025) 473 ITR 53 (Delhi) (HC)

S. 90 : Double taxation relief-A non-resident is entitled to the credit of Tax Deducted at Source (TDS) even if the income on which the tax was deducted was not offered to tax in India, provided the income is not taxable under the provisions of Section 90 of the Income Tax Act, 1961-Directed to refund of TDS along with interest. S. 143(3), 155(14). 264,Form 26AS Art. 226]

Chamber of Tax Consultant v. DGIT (Systems) (2025) 473 ITR 85/ 303 Taxman 451/342 CTR 143 (Bom.) (HC)

S.87A :Rebate to be allowed in computing income-tax-Tax on income of individuals and Hindu undivided family-Public interest lititgation-Return of income-The Income Tax Department should keep its online filing utility open and not block taxpayers from claiming rebates under Section 87A of the Income-tax Act, 1961, based on its interpretation. [S. 115BAC, 139,,139(5) 139D, Art. 226]

PCIT v. Ramesh Chandra Rai [2025] 302 Taxman 32/ 342 CTR 195(MP)(HC)

S. 86: Share of member of an association of persons-Income derived by various syndicates in which assessee was found one of the members, was required to be assessed in the hands of such syndicates only and a direct assessment in hands of assessee could not have been made in respect of such income derived by syndicates. [S. 2(31), S. 67A, 260A].