Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


T. Stanes and Company Ltd. v. Dy. CIT (2021) 435 ITR 539/ 202 DTR 78/ 321 CTR 153/ 277 Taxman 230 (Mad.)(HC) Editorial : Order of single ( 2021 ) 435 ITR 533/ 202 DTR 82/ 321 CTR 157 ( Mad ) (HC)

S. 147 : Reassessment-After the expiry of four years- When re-assessment proceedings to disallow brought forward loss were held to be without jurisdiction, High Court could not issue fresh directions to Assessing Officer to look into other grounds.[S.72 , Art , 226 ]

PCIT v. GMR Sports Pvt Ltd ( 2021 ) 201 DTR 1 / 322 CTR 590 ( Karn)(HC)

S. 254(1) : Appellate Tribunal – Duties- Depreciation – Total franchisee- Accrual basis – Cryptic order -Non application of mind – Order set aside and remanded to the Tribunal for fresh consideration .[ S. 32 , 43 , 43(5) 43B , 260A]

CIT v. Amco Batteries Ltd ( 2021 ) 200 DTR 244 ( Karn) (HC)

S. 147 : Reassessment –With in four years- Capital gains – Joint development – Failure to disclose the factum of handing over of possession of the property – Reassessment notice was held to be valid- Matter remanded to the Tribunal . [ S. 45, 148, 154(1) ]

PCIT v. Param Dairy Ltd ( 2021 ) 439 ITR 89/200 DTR 118 / 320 CTR 843 ( Delhi )(HC)

S. 143(2) : Assessment – Notice – Failure to issue notice – Assessment is held to be bad in law [ S. 132, 153A] S. 143(2) :

Precision Engineering v . ACIT ( 2021 ) 319 CTR 217 / 198 DTR 311 (Chhattishgarh )(HC) Editorial : Order of Single Judge Precision Engineering v . ACIT ( 2020 )427 ITR 198/ 196 DTR 371/ 319 CTR 219 (Chhattishgarh )(HC) Aaditya Construction v. PCIT (2020) 427 ITR 198 / 196 DTR 371 (Chhattisgarh)(HC)

S. 147 : Reassessment –With in four years- Based on the information collected in the course of survey –Alternative remedy – Reassessment notice was held to be valid – Writ was dismissed . [ S.133A, 148 , Art , 226 ]

SaintGobainCrystals & Detectors (I) Ltd v . Dy .CIT ( 2021 )198 DTR 40/ 319 CTR 20 / 123 taxmann.com 206 ( Karn ) (HC)

S. 10B: Export oriented undertakings – Period of tax holidays -Entitle to deduction for ten consecutive years from assessment year in which relief was first claimed and not when manufacture was commenced. [ S.10B(7) ]

Shyam Sunder Sethi v. PCIT (2021) 200 DTR 49/ 319 CTR 652 (Delhi) (HC)

The Direct Tax Vivad Se Vishwas Act, 2020.
S. 2(1)(a): Appellant – Pendency of appeal – Appeal was filed along with condonation of delay – Wrongly equated with admission of appeal with pendency – Appeal would be pending as soon as it is filed and up until such time it is adjudicated upon and a decision is taken qua the same.- Order of rejection was held to be bad in law [ S. 3, 4(1) , Art , 226 ]

PCIT v. Hema Krishnamurthy (Smt) (2021) 202 DTR 89 / 322 CTR 347 (Karn)(HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Capital gains- Investment in a residential house -More than two houses – Possible view – Revision order was held to be not valid [ S.54F]

Centrient Pharmaceuticals Netherlands B.V. In re (2021) 200 DTR 37 (AAR)

S. 245R : Advance rulings – Application – Pendency of proceedings – Issue of notice u/s 143 (2)- Application is not barred for entertaining the application . [ S. 143(2), 245R(2) ]

Tata Communications Ltd v. UOI (2021) 201 DTR 185/320 CTR 683 (Bom.) (HC)

S. 244A : Refund – Interest on refunds – Tax deduction at source – Directed to complete the process of refund along with applicable interest within a period of two weeks from the receipt of the order . [ S. 143(1), Art , 226 ]