S. 253 : Appellate Tribunal – Jurisdiction of the Bench – On the basis of Jurisdiction of the Assessing Officer. [ ITAT R, 1963 , R 4 ]
Panalpine World Transport India Pvt. Ltd. v. Addl. CIT ( 2023) The Chamber’s Journal -May -P. 111 ( Delhi)( Trib)S. 253 : Appellate Tribunal – Jurisdiction of the Bench – On the basis of Jurisdiction of the Assessing Officer. [ ITAT R, 1963 , R 4 ]
Panalpine World Transport India Pvt. Ltd. v. Addl. CIT ( 2023) The Chamber’s Journal -May -P. 111 ( Delhi)( Trib)S. 250 : Appeal – Commissioner (Appeals) –Duty bound to adjudicate on available data – Dismissal of appeal is not valid – Matter remanded to the file of CIT(A) to decide on denovo consideration .[ S. 250(6) ]
Dura Line India Pvt Ltd v. ACIT ( 2023) The Chamber’s Journal – April – P. 143 ( Delhi)( Trib)S. 234A : Interest – Default in furnishing return of income – Assessment for the first time – Not liable to pay interest for the period during which it was not possible to file return. [ S. 139, 147, 154 ]
Bhawna Nagori (Smt.) v. ITO ( 2023) The Chamber’s Journal- May – 110 ( Jodhpur ) ( Trib)S. 234A : Interest – Default in furnishing return of income – being compensatory in nature, can only be levied up to such date of self-assessment and not beyond that period or till date of completion of assessment.[S. 234B]
Dhirendra Narbheram Sheth v.ITO ( 2023) 199 ITD 507 ( Rajkot )( Trib)S. 199 : Deduction at source – Credit for tax deducted – TDS deducted – Entitle to get credit even if the income is not offered to tax . [ R. 37BA(3) ]
Trikaal Mediinfotech Pvt Ltd v.DCIT ( 2023) The Chamber’s Journal – April – P. 143 ( Mum)( Trib)S. 143(1)(a) : Assessment – Intimation – Tax deduction at source – Salary – Tax credit is required to be granted while processing the return u/s 143(1) , even if tax deducted was not paid . [ S. 143(1), 192 , 199, 209, 234B ]
Mukesh Padamchand Sogani v.ACIT (2023) 200 ITD 104 ( Pune )( Trib)S. 80IA :Industrial undertakings – Form 10CCB not filed with return of income- The filing of form is directory and not mandatory- Disallowance of exemption is not justified [ S. 143(1) ]
Marudhamalai Sri Dhandapani Spinning Mills v. DCIT, ( 2023 ) The Chamber’s Journal – May -2023 P 110 ( Chennai )( Trib)S. 69B : Amounts of investments not fully disclosed in books of account –Alleged cash payment – Opportunity of cross examination was not provided –Matter remanded – Directed the Assessing Officer to grant an opportunity of cross examination . [ S. 131(1), 148 ]
Manoj Kumar Chandrama Prasad Pande v. ITO (2023) The Chamber’s Journal- May -2023 -P. 108 ( Mum) ( Trib)S. 69 :Unexplained investments -Survey – Excess stock – Assessable as business income and not as undisclosed investment [ S. 115BBE , 133A ]
Govind Gidomal Lulla v. ITO ( 2023) The Chamber’s Journal – May -2023 -P. 108 ( Mum)( Trib)S. 68 : Cash credits – Search – Draft agreement found on WhatsApp- Sales consideration as per registered agreement has to be accepted as actual sales consideration – Addition was deleted . [ S. 132 ]
Prakash Gems v .DCIT ( 2023) The Chamber’s Journal -April – P. 141 ( Mum)( Trib)