Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


CIT v. Vijay Kumar Koganti (2020) 275 Taxman 394 / 195 DTR 428 (Mad.)(HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Unexplained investments -Increase in capital investment – Specific question was raised in the original assessment proceedings – Revision is held to be bad in law [ S.69 ]

PCIT v. Jindal Steel & Power Ltd. (2020) 114 taxmann.com 617 (P& H (HC ) Editorial : SLP against the High Court order is granted PCIT v. Jindal Steel & Power Ltd. (2020) 269 Taxman 575 (SC.)

S.260A : Appeal – High Court –Appellate Tribunal -Stay granted matters – Delay of more than 365 days – Delay in disposal of appeal not attributable to assessee- No substantial question of law . [ S.254(2A) ]

I.C.D.S. Ltd. v. CIT (2020) 273 Taxman 12 / 194 DTR 18 / 316 CTR 678 (SC)

S. 251 : Appeal – Commissioner (Appeals) – Duties Cross examination of witness –Order of High Court set aside and matter remanded to the Office of CIT (A) to give an opportunity of cross examination of witness and decide according to law – Demand and attachment stayed until the matter decided by the CIT (A) [ S. 220 ]

Equity Intelligence India (P.) Ltd. v. Dy. CIT (2020) 272 Taxman 332 / 192 DTR 41 / 315 CTR 846 (Ker.)(HC)

S. 246A : Appeal – Commissioner (Appeals) – Stay -Rejection of stay application blindly following the office memorandum was set aside – Directed to decide the stay application on merit [ S. 226 250 , Art , 226 ]

CIT v. M.A. Jacob & Company (2020) 275 Taxman 529 / 194 DTR 81( 2021) 320 CTR 209 (Mad.)(HC)

S. 245D : Settlement Commission – No power of review – Order of Settlement Commission is set aside and directed to decide the issue in accordance with law . [ S. 154, 234A, 234B , 234C 245D(4) , 254E, 245F , 245I , Art , 226 ]

Vodafone Idea Ltd. v. ACIT (2020) 275 Taxman 591 / 192 DTR 87 / 315 CTR 624 (SC)

S. 241A : Refund-Power to with hold in certain cases – Review petition of the assessee is dismissed . [ S. 143 (1) , 143(ID ) 143 (2) ]

Cooner Institute of Health Care & Research Centre (P.) Ltd. v. ITO (2020) 273 Taxman 216 / 193 DTR 1 / 315 CTR 900 (Delhi)(HC)

S. 241A : Refund-Power to withhold in certain cases-Limited scrutiny [S.143 (1) . 143 (2), Art. 226 ]

Clean Wind Power Kurnool (P.) Ltd. v. Dy. CIT (2020) 274 Taxman 408 / 191 DTR 125 / 315 CTR 345 (Delhi)(HC)

S.237: Refunds – Verification of tax deducted at source- Technical glitches and enable TRACES portal – Income-tax Authorities are directed to decide the assessee’s request within four weeks [ S.200A, Art , 226 ]

Indus Towers Ltd. v. ACIT (2020) 273 Taxman 563 / 190 DTR 370 / 315 CTR 201 (Delhi)(HC)

S. 220 : Collection and recovery – Not following the direction of Court and suppressing the facts – Petitioner mislead High Court at preliminary hearing of petition which led to passing interim order- Petition dismissed with costs quantified at Rs. 5 lakhs to be paid to Delhi High Court Advocates’ Welfare Trust [ S. 220(6), 250 , Art . 226 ]

CIT v. Oil and Natural Gas Corporation Ltd. (2020) 192 DTR 433 / 316 CTR 354 / (2021) 277 Taxman 284 (Guj.)(HC)

S. 192 : Deduction at source – Salary – Reimbursement of expenditure incurred by them towards uniform on the basis of self certification by employees – Not liable to deduct tax at source . [ S. 10 (14)(i) , 201 (IA )