S. 263 : Commissioner-Revision of orders prejudicial to revenue-Club entrance fee-Capital receipt-Revision is held to be not valid. [S. 4, 143(3)]
Sports Club of Gujarat Ltd. v. PCIT (2022) 195 ITD 373 (Ahd.) (Trib.)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Club entrance fee-Capital receipt-Revision is held to be not valid. [S. 4, 143(3)]
Sports Club of Gujarat Ltd. v. PCIT (2022) 195 ITD 373 (Ahd.) (Trib.)S. 253 : Appellate Tribunal-Managing Director or Director-Appeal signed by General-Not having valid power of Attorney-Appeal was dismissed in limine [S. 140 (c) Rules, 45, 47]
Bangalore Electricity Supply Co. Ltd. v. DCIT (2022) 195 ITD 188 (Bang.)(Trib.)S. 253 : Appellate Tribunal- – Private company — Recovery of tax — Name struck down from ROC under section 248 of Companies Act, 2013 Arrears of income-tax due — Appeal to Tribunal does not become infructuous – Name struck down from ROC under section 248 of Companies Act, 2013-Appeal is maintainable. [S. . 68, 179 ,248, 250, Companies Act , 2013 , S.248 , 250 ]]
Dwarka Portfolio (P.) Ltd. v. ACIT (2022) 195 ITD 491 / 99 ITR 620 (Delhi)(Trib.)/Shastri Buildcon P.Ltd v. ACIT (2022) 99 ITR 620 ( Delhi ) ( Trib) Vavasi Telegence P .Ltd v. ACIT (2022) 99 ITR 620 ( Delhi ) ( Trib)S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Penalty under section 270A-Appealable before CIT(A) and Not before Appellate Tribunal.[S.246A(1)(q), 253 (1)(a),275]
Desmond Savio Theodore Fernandes v. ITO (2022) 195 ITD 352 / 217 TTJ 84 (UO) (Mum.)(Trib.)S. 199 : Deduction at source-Credit for tax deducted-Income offered-Payer has deducted tax at source in financial year 2018-19-Credit for tax deducted at source has to be given in the year in which the income was offered for taxation. [S. 4, 198, Rule 37BA]
Shivganga Drillers (P.) Ltd. v. CPC, Income-tax, Bangalore (2022) 195 ITD 555 (Indore) (Trib.)S. 195 : Deduction at source-Non-resident-Purchase of property without deduction of tax at source-Proviso to section 201(1)-Non-resident disclosed consideration in his return-Not to be treated as assessee in default-Payees filed their return of income disclosing said amount to a tax on 30-7-2012, interest amount levied upon assessee under section 201(1A) should be calculated for the period from 7-10-2011 to 30-7-2012 till the date of filing of return by payees. [S. 201(1), 201(IA)]
Shree Balaji Concepts v. JT. CIT (2022) 195 ITD 632 (Panaji) (Trib.)S. 194C : Deduction at source-Contractors-Harvesting contractors-Liable to deduct tax at source-Liable to pay interest. [S. 201(IA)]
EID Parry India Ltd. v. ITO (TDS) (2022) 195 ITD 604 (Panaji) (Trib.)S. 154 : Rectification of mistake-Mistake apparent from the record-Audit objection-Payment made for purchasing trading goods-Violation of section 40A(3)-Rectification order is valid-Merit matter remanded. [S. 40A(3), R. 6DD]
Shiv Shakti Traders v. ACIT (2022) 195 ITD 292 (Delhi)(Trib.)S. 149 : Reassessment-Time limit for notice-Foreign assets-Amendment to section 149 by Finance Act, 2012 with effect from 1-7-2012, which extended limitation for reopening assessment in case of income from foreign assets to sixteen years, is prospective in nature. [S. 147, 148, 149(1)(c)]
DCIT v. Indira D. Thakkar (Smt.) (2022) 195 ITD 40 / 217 TTJ 569 / 213 DTR 369 (Mum.)(Trib.)S. 143(1)(a) : Assessment-Intimation-Adjustment cannot be made unless an intimation is given of such adjustment in writing or in electronic mode-Employee’s contribution-Adjustment is invalid in law. [S. 36(1)(va),43B, 143(1)]
Arham Pumps v. DCIT (2022) 195 ITD 679 (Ahd.)(Trib.)