Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. SG Portfolio (P) Ltd. (2021) 211 TTJ 970 / 201 DTR 393 (Delhi)(Trib.)

S. 253 : Appellate Tribunal-Order of CIT(A) quashing the reassessment proceedings in the absence of valid sanction under section 151 not challenged before Appellate Tribunal-Appeal not maintainable on merits of the case. [S. 143(2), 147, 151, 253(2)]

DCIT v. Pipal Tree Ventures Pvt. Ltd. (2021) 210 TTJ 258 (Mum.) (Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Additional evidence-Where the AO has not been provided adequate opportunity to go through the additional evidence, the admission and examination of the additional evidence by Ld. CIT(A) is completely inadequate. [S. 254(1), Rule 46A of Income-Tax Rules, 1962]

Munish Chander Khurana v. ITO (2021) 89 ITR 4 (SMC) (SN) (Delhi)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Order of reassessment was quashed for want of valid prior sanction of PCIT-Direction to issue fresh reassessment notice was quashed and set aside. [S. 147, 151, 250]

I Brands Beverages Pvt. Ltd. v. Dy. CIT (2021) 89 ITR 49 (SN) (Bang.)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Additional evidence-Fair market value-Directed to admit additional evidence corrigendum issued by Valuer to valuation report. [S. 56(2)(viib), 254(1)]

Monika (Smt.) v. ITO (2021) 89 ITR 54 (SN) (Chd.)(Trib.) Urmila Devi (Smt.) v. ITO (2021)89 ITR 54 (SN) (Chd.)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex Parte Order-Dismissal of appeal in Limine without speaking order-Order set aside and remanded for disposal afresh. [S. 250(6)]

Metalysst Forgings Ltd v. ACIT (2021) 89 ITR 12 (SN) (Delhi)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-E. Filing of appeal with effect from 1-3-2016-Dismissal of appeal-Matter remanded to CIT (A) for providing an opportunity to file appeal in electronic mode and decide in accordance with law-Appeal decided ex-parte was also set aside. [S. 254(1), R. 45]

ACIT v. North American Coal Corporation India Pvt. Ltd. (2021) 211 TTJ 907/ 201 DTR 241 (SMC) (Pune)(Trib.)

S. 240 : Refund-Refund due to the assessee as per the order passed by settlement commission-AO is bound to issue refund. [S. 199, 245C, 245D(4)]

Concrete Technologies Pvt. Ltd. v. ITO (2021)89 ITR 14 (SN) (Delhi)(Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Buyer deducting tax on entire sum paid-Claimed credit for entire credit for tax deducted-Only part of income was shown as receipt for the year-Matter remanded.

DCIT v. WNS Capital Investment Ltd. (2021) 211 TTJ 641 / 202 DTR 97 (Mum.)(Trib.)

S. 195 : Deduction of tax at source-Other sums-Tax at source(TAS) not liable to be deducted and no interest payable for failure to deduct TAS. [S. 201(IA)]

Intelenet Global Services (P) Ltd. v. ACIT (2021) 212 TTJ 182 / 202 DTR 169 (Mum.)(Trib.)

S. 154 : Rectification of mistake apparent from record-No merger of order passed under Section 143(3) r.w.s 144C(1) with the reassessment order passed under section 147 if issues forming subject matter of assessment order not part of reassessment order which is quashed and assessment order can be rectified by AO with respect to those issues-Rectification cannot be made after CIT(A) has quashed assessment order. [S. 115JB, 143(3)]