S. 271(1)(c) : Penalty–Concealment–Disallowance of deduction claimed – Deletion of penalty is justified. [S. 260A]
PCIT v. E-City Investments & Holdings Company (P.) Ltd. [2022] 144 taxmann.com 61 (Bom)(HC)S. 271(1)(c) : Penalty–Concealment–Disallowance of deduction claimed – Deletion of penalty is justified. [S. 260A]
PCIT v. E-City Investments & Holdings Company (P.) Ltd. [2022] 144 taxmann.com 61 (Bom)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue–Write off of interest receivable–Interest expenditure on slum rehabilitation project at Dindoshi–Inadequacy of enquiry does not give jurisdiction to Commissioner to revise the order – Explanation 2 is prospective in nature. [S. 36(1)(iii), 36(1)(vii), 260A]
PCIT v. Shvshahi Punarvasan Prakalp Ltd. (2023) 331 CTR 593 (Bom.)(HC)S. 254(1) : Appellate Tribunal–Powers–Notional income-Income from house property or Income from other sources–Tribunal has no power to review earlier order–Order of Tribunal is stayed. [S. 22, 23, 56, 254(2), Art. 226]
Procter and Gamble Home Products (P.) Ltd. v. ITO [2023] 150 taxmann.com 124 (Bom)(HC)S. 251 : Appeal-Commissioner (Appeals)–Powers -Failure to submit grounds of appeal–Violation of principle of natural justice–Ex-parte order was set aside. [S. 250, Form No.35, Art. 226]
Prime ABGB (P.) Ltd. v. NFAC [2023] 147 taxmann.com 357 (Bom)(HC)S. 245R : Advance rulings–Non -Resident–Capital gains –Shell company – CBDT circulars and press release of Ministry of Finance -Certificate of residence issued by Mauritius Authorities would constitute sufficient evidence – Denial of benefit of Double Taxation avoidance agreement – Matter remanded to Authority for Advance Rulings for reconsideration-DTAA-India–Mauritius. [S. 45, 197(1), 245Q, Art. 13, Art. 226]
Bid Services Division (Mauritius) Ltd v. AAR (2023)453 ITR 461 / 334 CTR 389(Bom) (HC)S. 226 : Collection and recovery – Modes of recovery – Assessee-in-default- On remittance of Rs 43 Crores the notice and order were to be quashed and set aside and all further action in respect thereof would be prohibited. [S. 226 (3), Art. 226
TJSB Sahakari Bank Ltd. v. DCIT [2023] 151 taxmann.com 254 (Bom)(HC)S. 220 : Collection and recovery- Assessee deemed in default – High pitched assessment–Change its status from firm to trust– Complete stay was granted – Remanded to Assessing Officer to consider assesse’s status as Trust. [S. 250, Art. 226]
BHIL Employees Welfare Fund No.4 v. ITO [2023] 147 taxmann.com 427 / 455 ITR 130 (Bom)(HC)S. 220 : Collection and recovery of tax–High pitched assessment – Complete stay of demand was granted. [S. 10(34), 10(38), 68, Art. 226]
Humuza Consultants v. ACIT [2023] 451 ITR 77 (Bom)(HC)S. 179 : Private company-Liability of directors-Recovery proceedings- Gross neglect, misfeasance or breach of duty -Not proved – Order of the Assessing Officer and order rejecting the revision application was quashed. [S. 264, Art. 226]
Geeta P.Kamat v. PCIT (2023) 150 taxmann.com 490 / 455 ITR 234 (Bom)(HC)S. 153 : Assessment-Reassessment-Limitation-Remand-Failure to comply with remand order made by Tribunal – Delay of 12 years – Assessment became time barred – Directed the Revenue to refund the amount along with interest under section 244A of the Act. [S. 132, 153(3), 158BC, 244A, Art. 226]
Lakhpatrai Agarwal v. ACIT [2023] 149 taxmann.com 348 / 292 Taxman 282 // (2024) 338 CTR 891/470 ITR 123 (Bom)(HC)