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Article 136 : Special Leave to appeal by the Supreme Court-Lease of premises-Bid disqualified-Building Hiring Committee, which assessed premises suitability through technical bids and an on-site visit-Disqualification is held to be justified-Writ petition is dismissed-SLP is dismissed.
Aman Pathak v. Chief ITC (2024) 300 Taxman 589 (SC) Editorial : Aman Pathak v. Chief ITC (2024) 166 taxmmann.com 250 (Pat)(HC)Black Money (Undisclosed Foreign Income and Assets) and Imposition of tax Act, 2015.
S. 50 : Punishment for failure to furnish in return of income, any information about an asset (Including financial interest in any entity) located outside India-Punishment for wilful attempt to evade tax-Anticipatory Bail [S. 3(1), 10, 51, IT Act, 132,Criminal Procedure Code, 1973, 438
S. 279 : Offences and prosecutions-Sanction-Chief Commissioner-Commissioner-Offences and prosecutions-Failure to pay to the credit tax deducted at source-Sanction for prosecution-Reasonable cause-Failure to deposit tax deducted at source due to prevalence of pandemic-Reasonable cause shown for failure-Sufficient cause-Assessee depositing tax deducted at source in phased manner with interest though after delay-Prosecution orders set aside-Order of High Court is affirmed-SLP of Revenue is dismissed. [S. 2(35), 276B, 278AA, 278B, 279, Art. 136]
UOI v. D.N. Homes (P.) Ltd. (2024) 300 Taxman 98/ 469 ITR 2 (SC) Editorial : D.N. Homes (P.) Ltd v. UOI (2023) 156 taxmann.com 169/ 459 ITR 211 /335 CTR 942 (Orissa)(HC)S. 271(1)(c) : Penalty-Concealment-Revised return filed voluntarily-Search-No deliberate or wilful omission on part of assessee-Review petition is allowed-Professional doctor and levying penalty on him would effect his mental status as well as professional career, order of Tribunal sustaining levy of penalty is set aside.[S. 132, 139(5), 148, 260A, Civil Procedure Code, 1908, Order XLVII of Rule 1]
S. Duraisamy v. Dy. CIT (2024) 300 Taxman 548 /243 DTR 204 (Mad.)(HC)S. 271(1)(c) : Penalty-Concealment-Not specifying the specific charge-High Court affirmed the order Tribunal-SLP of Revenue is dismissed. [S. 274, Art. 136]
PCIT v. Unitech Reliable Projects (P.) Ltd. (2024) 300 Taxman 585/ 469 ITR 394 (SC) Editorial : PCIT v. Unitech Reliable Projects (P.) Ltd (2023) 294 Taxman 507/ (2024) 462 ITR 307 (Delhi)(HC)S. 271(1)(c) : Penalty-Concealment-Not specifying the specific limb-Delay of 202 days-Delay is not satisfactorily explained-SLP of Revenue is dismissed.[Art. 136]
PCIT v. Shyam Sunder Jindal (2024) 300 Taxman 90 (SC) Editorial : PCIT v. Shyam Sunder Jindal (2024) 296 Taxman 115/ 462 ITR 501 (Delhi)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-After initiating proceedings Commissioner is required to conduct enquiry-Reasons for satisfaction or non-satisfaction are required to be recorded-Procedure is not followed-Order of Tribunal affirming the Revision is set aside-Matter remanded back to Commissioner to reconsider the reply and the documents of assessee.[S. 260A]
Chhattisgarh State Minor Forest Produce (Trading and Development) Co-operative Federation Ltd. v. PCIT (2024) 300 Taxman 202 (Chhattisgarh)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Special category states-Expansion of business-Merger-Court held that since Tribunal categorically held that assessee was entitled to deduction at 100 per cent, act of Principal Commissioner amounted to revision of order of Tribunal which is beyond jurisdiction of Principal Commissioner-Order of Tribunal is affirmed. No substantial question of law.[S. 80IC 260A]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Capital gains-High Court affirmed the order of the Tribunal quashing of revision order.[S. 45]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Capital gains-High Court affirmed the quashing of revision order-SLP of Revenue is dismissed, delay of 484 days is not explained.[S. 45, Art. 136]