Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Apeejay Surrendra Management Services (P.) Ltd. v. DCIT (2024) 205 ITD 737 (Kol.)(Trib.)

S. 2(22)(e) : Deemed dividend-Loans and advances-From group company (APL)-Beneficial shareholder was KSWPL under whose controlling interest and influence, APL had given loan/advance to assessee-Deeming provisions of section 2(22)(e) under second limb were attracted on KSWPL and not on assessee-loan amount was not taxable in hands of assesse. [S. 5 (1)(b)]

Block Resources Coordinator Rajiv Gandhi Siksha Mission. v. ITO (TDS) (2024) 204 ITD 408 (Raipur) (Trib.)

S. 272A : Penalty-Failure to answer questions-Sign statements-Furnish information-Additional evidence-Matter remanded to the file of the Assessing Officer.[S.194C, 272A(2)(k)),R.18(4)]

Societe Generale Securities India (P.) Ltd. v. PCIT (2024) 204 ITD 796 (Mum) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-CSR expenses-Donations-Business income-Explanation 2 to section 37(1) which denies deduction for CSR expenses by way of business expenditure is applicable only to extent of computing’ business income’ under Chapter IV-D and; there would be no bar for assessee to claim benefit under section 80G, falling in Chapter VIA.[S. 37(1), 8OG]

Shri Shamjibhai Harjibhai Talavia Charitable Trust. v. PCIT (2024) 204 ITD 583/227 TTJ 489 (Rajkot) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Educational institutions (Approval)-New institute which was not included in list of institutes run by assessee-trust which was granted approval under section 10(23C)(vi)-Revision is held to be valid.[S. 10(23C)(vi),11, 12A]

Joshi Technologies International Inc. v. CIT (IT & TP) (2024) 204 ITD 496 (Ahd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Scientific research expenditure-Donation-Approval granted was expired-Claim of weighted deduction was incorrect-Order is erroneous. [S. 35(1)(ii)]

GMM Pfaudler Ltd. v. PCIT (2024) 204 ITD 522 (Ahd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Employment of new workmen-There was proper verification and application of mind by Assessing Officer-Report in Form 10DA for claiming deductions under section 80JJAA was filed-Revision is not valid. [S.80JJAA, 143(3)]

Trimex Sands (P.) Ltd. v. PCIT (2024) 204 ITD 435 (Chennai) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Not earned any exempt income-Additional depreciation-Allowed in earlier year-Manufacture-Extraction of minerals from beach sand involved change in non-living physical object/article into a new and distinct object/article having different name and use-Activities amounts to manufacture-Revision is not valid. [S. 14A, 32(1)(ii), 32AC]

Sahachari Foundation. v. ITO (2024) 204 ITD 429 (Delhi) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Donations to NGOs out of accumulated funds-Not allowable as application of income-Deemed to be income of the assessee-Revision order is affirmed. [S. 11(2), 11(3), 12AA, ITAT R. 18(6)]

Lado Ceramic (P.) Ltd. v. PCIT (2024) 204 ITD 111 (Rajkot) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Share application money-Issue of equity shares to 21 persons-Only four persons filed their balance sheet etc-Failure to make necessary and adequate enquiries into source of investment in shares-Order is erroneous-Revision is justified.[S. 68, 143(3)]

NSE clearing Ltd. v. DCIT 204 ITD 174/229 TTJ 31 (Mum) (Trib)

S. 254(2A) : Appellate Tribunal-Stay-Demand is stayed on condition that the assessee would not seek an adjournment-Multiple adjournments by assessee-Stay granted against recovery of outstanding demand was vacated and assessee was to be directed to pay outstanding taxes in three equal instalments. [S. 220, 254(1)]