S. 251 : Appeal-Commissioner (Appeals)-Powers-Expenditure on scientific research-Ex parte order-Matter was remitted back to CIT(A) for de-novo adjudication.[S. 35(1)(ii), 250, 254(1)
Axiomatic iTech (P.) Ltd. v. ITO (2025) 215 ITD 625 (Ahd) (Trib.)S. 251 : Appeal-Commissioner (Appeals)-Powers-Expenditure on scientific research-Ex parte order-Matter was remitted back to CIT(A) for de-novo adjudication.[S. 35(1)(ii), 250, 254(1)
Axiomatic iTech (P.) Ltd. v. ITO (2025) 215 ITD 625 (Ahd) (Trib.)S. 199: Deduction at source-Credit for tax deducted-Sale of property-Received part consideration in a later year-Income was offered in earlier year-Deduction of TDS at time of part settlement was to be allowed to assessee. [S. 143(1), R. 37BA]
Yogesh Gandhi. v. ACIT(2025) 215 ITD 662 (Delhi) (Trib.)S. 199: Deduction at source-Credit for tax deducted-Takeover of business-Income had been taxed in the hands of assessee-company and partnership firm had not claimed credit, assessee was entitled to credit of tax deducted at source. [S.143(1), Rule 37BA]
Upasani Super Speciality Hospital (P.) Ltd. v. ITO (2025) 215 ITD 231 (Mum) (Trib.)S. 199: Deduction at source-Credit for tax deducted-Failure to deposit tax deducted at source by employer-No TDS credit in Form 26AS-TDS credit based on salary slips, assessee could not be denied TDS credit merely due to employer’s fault.[S. 205, Form 26AS]
Antaash Sheikh. (Mrs) v. ITO (2025) 215 ITD 114 (Bang) (Trib.)S.194IC: Deduction at source-Payment under specified agreement-Joint development agreement-Exchange for constructed area and monetary consideration-Payments constituted those under a specified agreement as per section 45(5A)-Attracted TDS at 10 per cent under section 194IC-Treated as assessee in default-Short deduction of tax deduction at source-Payee offered the income and paid tax-Matter was to be remitted to Assessing Officer to verify if payee offered income to tax, and if so, assessee should not be treated as assessee in default. [S. 45(5A), 201, 201(IA), Form No 26A]
Sugee Seven Developers LLP. v. ITO, TDS. (2025) 215 ITD 296 (Mum) (Trib.)S. 151 : Reassessment-Sanction for issue of notice-Order passed by ignoring the revised return filed by assessee-No satisfaction recorded by Pr. CIT before granting approval-Reassessment order was quashed and set aside. [S. 147, 148]
Pradeep Kumar Banerjee v. CIT (A) (Kol.)(Trib) (UR)S. 115BAA: Tax on income of certain domestic companies-Determination of tax in certain cases-Failure to file Form No 10IC-Assessee was to be directed to file Form No. 10IC within one month from the date of receipt of this order.[Form No 10IC]
Sanjana Clothings (P.) Ltd. v. AID, CPC (2025) 215 ITD 256 (Indore) (Trib.)S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained cash-Demonetisation-Recorded reason for reopening under section 148A(d) was found incorrect-Addition made on the basis of recorded reasons was deleted by CIT(A)-No further additions beyond the original reason could be sustained-All additions made without jurisdiction were deleted.[S.69A, 147, 148, 148A(b), 148A(d)]
Ashok Kumar. v. Assessment Unit (2025) 215 ITD 70 (Dehradun) (Trib.)S. 147: Reassessment-Legal representatives-Information from Investigation Wing-Assessment orders were framed in the name of deceased assessee-Reopening notice and assessment orders were quashed and set aside. [S. 148, 159]
Lalita Agarwal v. ACIT (2025) 215 ITD 499 (Delhi) (Trib.)S. 147: Reassessment-Change of opinion-Interest-free advances-No fresh information-Reassessment was quashed-Notional Interest-Order of CIT(A) deleting the notional interest was affirmed. [S. 4, 28(i),37(1), 143(3), 148]
ACIT 3 (2) (1) v. Solapur Yedeshi Tollway Ltd. (2025) 215 ITD 395 (Mum) (Trib.)