S. 271(1)(c): Penalty-Concealment-Notice stereotyped and irrelevant portion not struck off-Levy of penalty is not valid. [S. 274]
Arun Duggal v. Asst. CIT (2023)106 ITR 3 (SN.) (Delhi) (Trib)S. 271(1)(c): Penalty-Concealment-Notice stereotyped and irrelevant portion not struck off-Levy of penalty is not valid. [S. 274]
Arun Duggal v. Asst. CIT (2023)106 ITR 3 (SN.) (Delhi) (Trib)S. 263: Commissioner-Revision of orders prejudicial to revenue-
Revision-Deposit of cash-Demonetisation Period-Deposits directly made by debtors of assessee-Details of cash deposits from parties furnished before Assessing Officer-The Assessing Officer is an investigating and an adjudicating officer-It is not necessary to give a detailed reason in the assessment order in respect of each and every question for the completion of assessment-Possible view-Revision is not valid . [ S. 68, 143(3) ]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Revision-Provision for non-performing assets-write back-Corporate social responsibility expenses-Suo motu adding back expenses in revised return and offering it to tax-Additional Depreciation-Claim made in original return-Withdrawn in revised return-Revision order is quashed . [ S. 32, 37(1 139(5)143(3)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Proper enquiry conducted in the original assessment proceedings-Possible view-Revision order is quashed-Delay of 963 days is condoned. [ S. 143(3) , 253(5) ]
Kanoi Tea P. Ltd. v. PCIT (2023)106 ITR 648 (Kol) (Trib)S. 254(2A) : Appellate Tribunal-Stay-Long-term capital gains-Credit for taxes paid in Mauritius-Prima facie assessee entitled to stay-Directed to pay 20 percent of outstanding demand-Recovery proceedings stayed .
India Property (Mauritius) Company Ii, Mauritius v. Asst. CIT (IT) (2023)106 ITR 130 / [2024] 164 taxmann.com 440 (Delhi) (Trib)S. 254(1) : Appellate Tribunal-Powers-Additional evidence admitted and remanded for de novo consideration-Delay in filing appeal is condoned. [S. 253]
Channakeshava v. Asst. CIT (2023)106 ITR 47 (SN)(Bang) (Trib)S. 254(1) : Appellate Tribunal-Duties-Right of Respondent to support order of Commissioner (Appeals) on ground decided against Him. [ITAT R,1963, R. 27]
Dy. CIT v. Bilcare Ltd. (2023)106 ITR 411/ 224 TTJ 655 / 151 taxmann.com 456 (Pune) (Trib)S. 251: Appeal-Commissioner (Appeals)-Powers-Enhancement notice-Uploaded on income tax business portal-Notice of hearing i also uploaded in the portal-The contention of the Department that no opportunity was given to the Assessing Officer to present evidence on the issue was factually incorrect .[ S. 250 ]
Dy. CIT v. T. S. Kumarasamy (2023)106 ITR 18 (SN) (Chennai) (Trib)S. 251 : Appeal-Commissioner (Appeals)-Powers-Enhancement notice-Uploaded on income tax business portal-Notice of hearing i also uploaded in the portal-The contention of the Department that no opportunity was given to the Assessing Officer to present evidence on the issue was factually incorrect.[S. 250]
Dy. CIT v. T. S. Kumarasamy (2023)106 ITR 18 (SN) (Chennai) (Trib)S. 250: Appeal-Commissioner (Appeals)-Procedure-Mistakenly mentioning wrong section under which order appealed against passed-Dismissal of appeal on technical ground not justified-Assessee to be permitted to rectify mistake. [S. 143(1), 143(3), 254(1)]
KEM Light Laboratories P. Ltd. v. ITO (2023)106 ITR 588 (SMC) (Mum) (Trib)