Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


H. Ameerdeen v. ITO (2022) 441 ITR 604 / 210 DTR 201 / 326 CTR 554 / 286 Taxman 313 (Mad.)(HC)

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Survey-Capital gains-Penalty deleted-Prosecution quashed. [S. 45, 54B, 54F, 148, 271(1)(c), 277]

PCIT v. Intas Pharma Ltd. (2022) 441 ITR 141 (Guj.)(HC)

S. 271(1)(c) : Penalty-Concealment-Depreciation-levy of penalty is not justified. [S. 32, 8HHC]

Betoking Ltd. v. CIT(IT) (2022) 441 ITR 46 (Delhi)(HC)

S. 260A : Appeal-High Court-Observation that certain grounds are not pressed-Directed to file rectification application before the Income-tax Appellate Tribunal. [S. 254(1), 254(2)]

PCIT v. Harish Keshavlal Patel (2022) 441 ITR 431 (Guj.)(HC)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Penny stock-Monetary limits for appeals by department-Appeal not filed in terms of Special order of Board-Dismissal of appeal due to low tax effect-Order of Tribunal is affirmed-Writ of revenue is dismissed. [Art. 226]

Mosaic India Pvt. Ltd. v. PCIT (2022) 441 ITR 404 (Delhi)(HC)

S. 240 : Refund-Appeal effect order-Directions to refund with interest.

Joji Reddy Yeruva v. PCIT (2022) 441 ITR 137 /138 taxmann.com 481(Telangana)(HC)

S. 226 : Collection and recovery-Modes of recovery-Attachment of properties and Bank accounts and stock-in-trade-Pendency of appeal before Appellate Tribunal-Directed to with draw attachment on deposit of 20 percent of demand-Bank directed to withhold 50 percent of deposits. [S. 153C, 226(3) 254(2A), Art. 226]

Pyramid Films International v. Dy.CIT (2022) 441 ITR 387 (Mad.)(HC)

S. 158BD : Block assessment-Undisclosed income of any other person-Incriminating material is found-Amount received much before release of film-Addition of amount waived as undisclosed income-Held to be proper. [S. 132, 158BC]

Lakshmi Mills Co. Ltd. v. ACIT (2022) 441 ITR 594 (Mad.)(HC)

S. 154 : Rectification of mistake-Setting Off of unabsorbed losses of earlier years-Rectification of order in accordance with supreme court ruling-Law laid down by Supreme Court binding. [S. 80HHC]

Jothi Malleables P. Ltd. v. ACIT (2022) 441 ITR 70 (Mad.)(HC)

S. 148 : Reassessment-Objections raised-Not disposed by Assessing Officer-Matter remanded to the Assessing Officer to dispose of objections by speaking order [S. 143(2),147, Art, 226]

Exotica Promoters LLP v. ITO (2022) 441 ITR 533 (Gauhati)(HC)

S. 148 : Reassessment-Notice-Participated in reassessment proceedings Final decision is not taken-Writ is premature-Dismissed. [S. 147, Art. 226]