Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Edelweiss Asset Reconstruction Co. Ltd. v. Tax Recovery Officer (2021) 438 ITR 568 / 205 DTR 1 / 322 CTR 137 (Bom.) (HC)

S. 226 : Collection and recovery-Modes of recovery-Attachment by income tax department-Priority of debts-Mortgaged property-Secured creditors-Income-Tax Department does not have priority of Income-tax dues-Secured creditors have priority over Income-Tax Department-The order of attachment was held to be not valid. [Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, S. 13(2), 13(4) Art. 226]

Poothrikka Service Co-Operative Bank Ltd. v. ITO (2021) 437 ITR 273 (Ker.)(HC) Vadavucode Farmers Service Co-Operative Bank Ltd. v. ITO (2021) 437 ITR 273 (Ker.)(HC) Mamala Service Co-Operative Bank Ltd. v. ITO (2021) 437 ITR 273 (Ker.)(HC)

S. 226 : Collection and recovery-Modes of recovery-Appeal pending before CIT (A)-Deduction-Co-operative Society-Recovery proceeding was stayed till the outcome of pendency of appeal. [S. 80P, 246A, Art. 226]

Electricity Board Employees Co-Operative Society Ltd. v. ITO (2021) 437 ITR 272 (Ker.)(HC)

S. 226 : Collection and recovery-Modes of recovery-Pendency of appeal-Stay was granted till disposal of appeal pendency of appeal [S. 246A, Art. 226]

Angadippuram Service Co-Operative Bank Ltd. v. CIT(A) (2021) 437 ITR 78 / 323 CTR 231(Ker.)(HC) Editorial : Single judge order, Kodur Service Co-Operative Bank Limited, Pattikkad Service Co-Op. Bank Ltd. v. CIT(A) (2021) 437 ITR 76/ 323 CTR 233 (Ker.)(HC) Angadipuram Service Co-Operative Bank Ltd. v. CIT(A) (2021) 437 ITR 76 (Ker.)(HC) Kadannamanna Service Co-Operative Bank Ltd. v. CIT(A) (2021) 437 ITR 76 (Ker.)(HC)

S. 226 : Collection and recovery-Modes of recovery-Stay-Deposit of portion of demand need not be insisted. [S. 220 (6),Art. 226]

Ashwani Kumar v. ITO (2021) 282 Taxman 470 /(2022) 325 CTR 221/ 445 ITR 474/ 210 DTR 290 (P & H) (HC)

S. 222 : Collection and recovery-Certificate to Tax Recovery Officer-Auction-Cash deposited was treated as unexplained investment-Amount forfeited to government account-Only in case of reauction is successful the assessee would get the benefit of sale proceeds. [Second Schedule, R. 57, 58, ,Vivaad Se Vishwas Scheme, 2020,Art. 226]

R. S. Suriya v. PCIT (2021) 437 ITR 582 (Mad.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Interest-Waiver of interest-Non-Co-operation-Film actor-Cash system of accounting-Rejection of waiver application was held to be justified. [S. 143A, 220(2), 220(2A), Art. 226]

Provincial Superior v. UOI (2021) 438 ITR 548 / 205 DTR 25 / 322 CTR 233 (Ker.)(HC)

S. 192 : Deduction at source-Salaries received by Nuns and Priests-Not diverted at source by overriding title-Provision not violative of Article 25 of Constitution-Circular cannot provide exemption from deduction of tax to salaries received by Nuns and Priests-No estoppel against law. [S. 4, 15, 119, Art. 25]

Rajeev Behl v. PCIT (2021) 438 ITR 612 / 206 DTR 390/ 323 CTR 71/(2022)) 284 Taxman 128 (Delhi)(HC)

S. 179 : Private company-Liability of directors-Recovery of tax-Burden on director to prove that non-recovery of dues from company was not due to his gross negligence or misfeasance-Agreement amongst directors not binding on-revenue-Recovery proceedings was held to be valid-Interpretation-Difference between Rights in Personam and Rights in Rem. [S. 246, 264, Art. 226]

Karti P. Chidambaran v. Addl. CIT (2021) 282 Taxman 112 / 204 DTR 442 (Mad.)(HC)

S. 153C : Assessment-Income of any other person-Search-Opportunity of personal hearing-Opportunity of cross examination of persons-Matter was remanded back. [Art. 226]

Karti P. Chidambaram v. Add. CIT (2021) 437 ITR 206 282 Taxman 112/ 204 DTR 442 / 322 CTR 189 (Mad.)(HC)/Srinidi Karti Chidambaran v. Addl. CIT (2021) 437 ITR 206/ 282 Taxman 112/ 204 DTR 442 / 322 CTR 189 (Mad) (HC)

S. 153C : Assessment-Income of any other person-Search-Natural justice-Statement of third parties used against the assessee-Opportunity of cross examination of persons whose statement was recorded was not given-Matter remanded. [S. 132, Art. 226]