Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT v. National Stock Exchange (2021) 323 CTR 1025 (Bom.)(HC)

S. 98 : Securities Transaction tax-Short collection of tax-Interest and penalty-Purchase or sold through a broker registered with the stock exchange-Stock exchange was not liable to any interest and penalty. [S. 15, 99, 104, Securities Transaction Tax Rules, 2004, R. 3]

Precot Meridian Ltd. v. Dy. CIT (2021) 323 CTR 272 / 207 DTR 173 (Mad.)(HC) Precot Meridian Ltd. v. Dy. CIT (2021) 323 CTR 279 / 207 DTR 179 / ( 2022) 285 Taxman 570 (Mad.)(HC)

S. 2(1)(a)(i) : Appellant-Pending appeal-Appeal was filed on 29 th March 2013 and numbered-High court condoned the delay-The Rejection of application was quashed-Entitle to file Form No-4 in response to Form No. 3. [S. 260A, Art. 226]

Indian Minerals & Granite Co. v. Dy. CIT (2021) 323 CTR 352 / 207 DTR 164 (Karn.)(HC)

S. 281B : Provisional attachment-Mere apprehension on the part of the respondents that huge tax demands are likely to be raised on completion of assessment is not sufficient-Attachment of fixed deposit was quashed. [S. 153A, Art. 226]

P.M. Abdulla v. ITO (2021) 323 CTR 1077 / 208 DTR 93 (Karn.)(HC)

S. 271(1)(c) : Penalty-Concealment-Non striking off of irrelevant portion-Order of Tribunal confirming the penalty notice was set aside. [S. 274]

Nataraju (HUF) v. PCIT (2021) 323 CTR 480 / 207 DTR 249 (Karn.)(HC) Editorial : Order of single judge in Nataraju (HUF) v. PCIT (2018) 406 ITR 342 / 254 Taxman 357 / 304 CTR 665/ 167 DTR 100 (Karn) (HC), seta side.

S. 264 : Commissioner-Revision of other orders-Option of the assessee either to file an appeal or to file a revision-Sale of agricultural land-Capital gains-Matter remanded to the Assessing Officer to decide in accordance with law. [S. 2(14)(ii), 2(47), 48, 246A, Art, 226]

Xchanging Technology Services India (P) Ltd. v. PCIT (2021) 323 CTR 918 / 207 DTR 429 (Delhi)(HC)

S. 264 : Commissioner-Revision of other orders-Reasoned order-DTAA-India-USA. [S. 110-O, Art. 10(2), Art. 226]

CMJ Breweries (P) Ltd v. UOI (2021) 283 Taxman 226 (Gauhati)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Prima facie satisfaction was not arrived by the Commissioner-Interim order-Matter was adjourned to 26-8 2021. [Art. 226]

PCIT v. Apollo Tyres Ltd. (2021) 283 Taxman 388 (Ker.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Dispute resolution panel-Draft assessment order-No notice of demand attached-Order cannot be revised-No loss to revenue. [S. 144C]

CIT, LTU v. Vijaya Bank (2021) 131 taxmann.com 136 (Karn.)(HC) Editorial : SLP is granted to the revenue, CIT, LTU v. Vijaya Bank (2021) 283 Taxman 295 (SC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Merger-Subject matter of appeal-Investments written off-Book profit-Issue was not subject matter of appeal-Revision was quashed. [S. 115JB]

CIT v. Indian Overseas Bank (2021) 207 DTR 202/(2022)441 ITR 689 (Mad.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limitation-Reassessment-Issue which was not subject matter of reassessment limitation has to be computed from the original assessment-Revision was held to be barred by limitation. [S. 143(3), 147, 263(2)]