S. 254(1) : Appellate Tribunal-Powers-Power to remand must be exercised judicially-Order of Tribunal is affirmed. [S. 260A]
Tatia Sky Line and Health Farms Ltd. v. ACIT (2021) 432 ITR 123 / 279 Taxman 18 (Mad.)(HC)S. 254(1) : Appellate Tribunal-Powers-Power to remand must be exercised judicially-Order of Tribunal is affirmed. [S. 260A]
Tatia Sky Line and Health Farms Ltd. v. ACIT (2021) 432 ITR 123 / 279 Taxman 18 (Mad.)(HC)S. 254(1) : Appellate Tribunal-Powers-No power to dismiss on ground of non-prosecution-Duty to dispose appeal on merits-Tribunal was directed to restore the appeal and decide on merit. [S. 253, ITAR, 1963, R 24, Art. 265]
Rabindra Kumar Mohanty v. Registrar, ITAT (2021) 432 ITR 158 / 208 DTR 35/ 323 CTR 592 (Ori.)(HC)S. 254(1) : Appellate Tribunal-Powers-No power to dismiss on ground of non-prosecution-Duty to dispose appeal on merits. [S. 253, ITAR 1963, R. 24]
Daryapur Shetkari Sahakari Ginning and Pressing Factory v. ACIT (2021) 432 ITR 130 / 198 DTR 125 / 319 CTR 70 (Bom.)(HC)S. 254(1) : Appellate Tribunal-Duties-Tribunal is not justified in deleting the addition without assigning reasons-Order of Tribunal is set aside.
CIT v. Ananya Infra Structure Pvt. Ltd. (2021) 432 ITR 371 / 279 Taxman 468 / 203 DTR 132/ 323 CTR 812 (Mad.)(HC)S. 245D : Settlement Commission-Jurisdiction-Power-Search and seizure-Order of penalty consequential to search-Assessment and penalty are part of same proceedings-Levy of penalty by the Assessing Officer is held to be not valid-Order levying the penalty was quashed. [S. 132, 133A, 153A, 245A(b), 245C, 269ST, 271DA Art. 226]
Tahiliani Design Pvt. Ltd. v. JCIT (2021) 432 ITR 134 / 201 DTR 409 / 320 CTR 846 / 280 Taxman 11 (Delhi) (HC)S. 226 : Collection and recovery-Modes of recovery-Attachment of property-Sale proclamation-Appeals pending before appellate authorities-Stay was granted by paying 15 Per Cent. of demand and expenses incurred by Department for newspaper notifications-Proceedings was kept abeyance for a period of five months. [Art, 226]
K. S. Santhosh Kumar v. ITO (2021) 432 ITR 209 (Mad.)(HC)S. 221 : Collection and recovery-Penalty-Tax in default-Mistake in specifying Assessment year for which penalty was levied-Not curable defects-Levy of penalty s held to be bad in law. [S. 292B]
SSS Projects Ltd. v. Dy.CIT (2021) 432 ITR 201 (Karn.)(HC)S. 194C : Deduction at source-Contractors-Payment made to agency as per direction of Karnataka Government-Deletion of addition is held to be justified.
CIT v. Director of Technical Education (2021) 432 ITR 110/ 280 Taxman 26 (Karn.)(HC)S. 153A : Assessment-Search-Participating in assessment proceedings-New plea stating that there was no search only survey was rejected-Assessment based on the statement in the course of search proceedings-Loose sheet fall within the definition of document-Rejection of request for cross examination will not amount to violation of principles of natural justice-Assessment order passed cannot be held to be without authority of law-Request for copies of statements made will have to be made by the person from whose custody any books of account or other documents were seized. [S. 132, 132(4), 132A, 133A, Art. 226]
M. Vivek v. Dy CIT (2021) 432 ITR 53/ 197 DTR 12/ 318 CTR 270/ 278 Taxman 52 (Mad.)(HC)S. 153A : Assessment-Search-Block assessment-Statement of third person recorded u/s.132(4) does not constitute incriminating material-Opportunity of cross examination was not provided-Absence of any incriminating documents found in the course of search action-Deletion of addition is held to be justified. [S. 132, 132(4), 153C]
PCIT v. Anand Kumar Jain (2021) 432 ITR 384 / 201 CTR 200 / 320 CTR 656 (Delhi)(HC) PCIT v. Anand Kumar Jain (HUF) (2021) 432 ITR 384 / 201 CTR 200 / 320 CTR 656 (Delhi)(HC) PCIT v. Satish Dev Jain (2021) 432 ITR 384 / 201 CTR 200 / 320 CTR 656 (Delhi)(HC) PCIT v. Sajan Kumar Jain (2021) 432 ITR 384 / 201 CTR 200 / 320 CTR 656 (Delhi)(HC)