Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Minor Baku Dineshbhai Amin Oral Specific Deferred Family Trust v. ITO (2023)105 ITR 55 (SN)(Ahd)(Trib)

S. 244A: Refunds-Interest on refunds-Directed the Assessing Officer to recalculate refund.

Nagesh Consultants v. Dy.CIT(2023) 103 ITR 24 (SN) (Bang) (Trib)

S.234E: Fee-Default in furnishing the statements-Not leviable for TDS deducted prior to 1 June 2015-NFAC is bound by the binding decision of the jurisdictional High Court .[S. 200A]

Kanta Govind Singh v. ACIT (Ahd)(Trib) (UR)

S. 234E : Fee-Default in furnishing the statements-Tax deducted at source deposited within the time limits prescribed, under the Act-Interest cannot be levied merely for delay in the filing of tax deducted at source return. [S.195,Form No 27Q.]

Anumod Viswambharan v. ITO (TDS) (2023) 201 ITD 743 (Cochin) (Trib.)

S.234E: Fee-Default in furnishing the statements-Applicable only prospectively i.e. from 01.06.2015.[S.200A]

Venkata Ramana Anupa v. ITO [(2023) 201 ITD 561 (SMC) (Hyd) (Trib)

S. 220 : Collection and recovery-Assessee deemed in default-The return of income was uploaded without consent of the assessee by the Chartered Accountant in connivance with other partners-Matter remanded to the AO to decide after taking into account the outcome of criminal case filed by the assessee against the Chartered Accountant and other partners. [S. 2(24), Indian Penal Code,1860,S. 418, 419 420, 468, 471, 477A]

Gopallal Ramprasad Kabra v. ITO (2023) 200 ITD 295 (Rajkot)(Trib)

S. 206C : Collection at source-Trading-Alcoholic liquor-Forest produce-Scrap-Time limit for furnishing form-No time limit is prescribed-The matter was to be remanded back to file of ITO (TDS) to take into consideration Form no. 27C furnished by assessee and pass order in accordance with law.[S. 206C(6), 206C(7), Form No 27C]

BAE Systems Information and Electronic Systems Integration Inc. v. Add. CIT (IT) [2023] 105 ITR 18 (SN) (Delhi) (Trib)

S. 199: Deduction at source-Credit for tax deducted-Income declared on accrual basis when the software was sold-Eligible to claim TDS in the year when income was offered for tax. [S. 145]

Inter-Continental Hotels Group (Asia Pacific) Pte. Ltd. v. Dy. CIT (2023) 151 taxmann.com 416 / 105 ITR 39 (SN)(Delhi) (Trib)

S. 199: Deduction at source-Credit for tax deducted- Entitled for credit for tax deducted at source.[R. 37BA(2)]

Trikaal Mediinfotech Pvt. Ltd. v. DCIT (Mum)(Trib)

S. 199 : Deduction at source-Credit for tax deducted-Percentage completion method-Receipt of revenue is reduced from the cost incurred-Tax deducted at source-Tax has deducted on a particular receipt the assessee should get credit even if the receipt is not directly offered for tax .[S. 4, 145]

Inter-Continental Hotels Group (Asia Pacific) Pte. Ltd. v. Dy. CIT (2023) 151 taxmann.com 416/ 105 ITR 39 (SN)(Delhi) (Trib)

S. 194J : Deduction at source-Fees for professional or technical services-Not taxable as fees for technical services-DTAA-India-Singapore [Art. Art. 12(4)(a), (b)]