Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Ess and Ess Infrastructure Pvt. Ltd. v. ITSC (2021) 435 ITR 671 / 281 Taxman 340/ 207 DTR 374/ 323 CTR 598 (Mad.)(HC)

S. 245D : Settlement Commission-Jurisdiction of Court-Doctrine of Forum Conveniens-Principal Commissioner and the Deputy Commissioners were with in jurisdiction of Karnataka High Court-Writ petition was dismissed on the ground of forum conveniens. [Art. 226]

Sridhar Anand v. ITSC (2021) 435 ITR 435 / 280 Taxman 411 (Mad.)(HC)

S. 245C : Settlement Commission-Settlement of cases-No full and true disclosure of income-Rejection of application is held to be valid. [S. 245D, Art. 226]

CWT v. ITSC (2021) 435 ITR 583 (Mad.)(HC)

S. 245C : Settlement Commission-Settlement of cases-Subsequent offer of additional income-No full and true disclosure of income-Application is not valid. [Wealth-tax Act, 1957, S. 17, 22D(1)]

PCIT v. Rasi Seeds (P.) Ltd. (2021) 435 ITR 111/ 205 DTR 363/ 322 CTR 506 (Mad.)(HC)

S. 245C : Settlement Commission-Settlement of cases-Failure to disclose full and true income-Additional income-Order admitting the application is held to be erroneous. [S. 132, 153A, 245D(4), Art. 226]

CIT v. Akash Fertility Centre and Hospital (2021) 435 ITR 380 / 202 DTR 228 / 321 CTR 243 (Mad.)(HC) Editorial : Division Bench reversed in ,Akash Fertility Centre and Hospital v. CIT (2021) 438 ITR 240/ 206 DTR 1/ 322 CTR 240 (Mad) (HC)

S. 245C : Settlement Commission-Settlement of cases-Not maintaining proper accounts-No finding that there had been full and true disclosure of income-Order of settlement commission is not valid-Writ is maintainable against the order passed u/s. 245C of the Act. [S. 245D, Art. 226]

TATA Communications Ltd. v. UOI (2021) 435 ITR 632/ 320 CTR 686/ 281 Taxman 162 / 201 DTR 188(Bom.)(HC)

S. 245 : Refund-Set off of refunds against tax remaining payable-Demand which was stayed by orders of High Court and Appellate Tribunal-Adjustment of refund without intimation to the assessee is held to be not valid. [S. 143(1), Art. 226]

CIT v. Upasana Finance Ltd. (2021) 435 ITR 172 / 282 Taxman 79 (Mad.)(HC)

S. 244A : Refund-Interest on interest-Tribunal was not right in allowing the interest on interest on interest. [S. 237]

Vrinda Sharad Bal v. ITO (2021) 435 ITR 129 (Bom.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Pendency of appeal-Excess amount recovered-Assessing Officer restrained from recovering balance tax due till disposal of pending appeal. [S. 220(6), 237, 244A, 245, Art. 226]

Gorlas Infrastructure Pvt. Ltd. v. PCIT (2021) 435 ITR 243 / 204 DTR 428 / 322 CTR 195 Telangana)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay of demand-Order of Commissioner to pay 20 Per Cent. of total demand in 8 instalments-Default in payment of revised instalments-Mere failure of the authorities to recover any amount could not be considered as financial stringency-Writ petition was dismissed. [S. 220(3), Art. 226]

Ashok Kumar B. Chowatia v. JCIT (TDS) (2021) 435 ITR 449 / 204 DTR 449 / 322 CTR 536/ 281 Taxman 405 (Mad.)(HC)

S. 201 : Deduction at source-Failure to deduct or pay-Recovery of tax-Failure of tenant to remit tax deducted at source from rent-To be recovered from tenant and not assesse. [S. 194I, Art. 226]