[2023] 105 ITR (Trib) (S.N.) 10 ( ITAT[Amrit ])

Asst. CIT v. Gravita Metal Inc. (ITAT[Amrit])

Release Date: September 29, 2023

Section(s): Income-tax Act, 1961, s. 002(24)(xviii)

Income—Mercantile system of accounting—Passing of entries in books of account not conclusive to determine income—Whether a sum is income to be determi...

[2023] 455 ITR 357 (SC)

CIT (IT And TP) v. IJM Corporation Berhad (SC)

Release Date: September 28, 2023

Section(s): Income-tax Act, 1961, ss. 195, 201

Deduction of tax at source—Recipient of income assessed at loss and not liable to pay tax—Deductor cannot be held in default and made liable to intere...

[2023] 455 ITR 243 ( Mad )

Fuaad Musvee v. Pr. CIT (Mad)

Release Date: September 26, 2023

Section(s): Income-tax Act, 1961, s. 220(2A)

Recovery of tax—Interest for failure to pay tax—Waiver of interest—Effect of section 220(2A)—Advance tax paid in time but mistakenly in name of minor s...

[2023] 455 ITR 234 (Bom)

Geeta P. Kamat v. Pr. CIT (Bom)

Release Date: September 25, 2023

Section(s): Income-tax Act, 1961, ss. 179, 264

Recovery of tax—Private company—Recovery from director—Non-recovery not shown to be attributable to neglect, misfeasance or breach of duty on part of ...

[2023] 105 ITR (Trib) (S.N.) 3 ( ITAT[Ahm ])

Asst. CIT v. Inox Leisure Ltd. (ITAT[Ahm])

Release Date: September 24, 2023

Capital or revenue receipt—Entertainment tax subsidy—Is capital receipt and not taxable—Income-tax Act, 1961....

[2023] 455 ITR 211 (Uttarakhand)

Gee Cee Metals Pvt. Ltd. (AOP) v. Pr. CIT (Uttarakhand)

Release Date: September 23, 2023

Section(s): Income-tax Act, 1961, s. 119

Refund—Application for refund—Limitation—Circular of CBDT prescribing time limit of six years—Application submitted after twelve years—Barred by limit...

[2023] 455 ITR 92 ( Bom )

Sahebrao Deshmukh Co-op. Bank Ltd. v. Asst. CIT (Bom)

Release Date: September 22, 2023

Section(s): Income-tax Act, 1961, ss. 147, 148

Reassessment—Validity—Proper procedure to be followed—Reasons for notice and satisfaction note for approval not furnished to assessee—Documents relied...

[2023] 457 ITR 216 ( Del )

Pr. CIT v. Nestle India Ltd. (No. 2) (Del)

Release Date: September 21, 2023

Section(s): Income-tax Act, 1961, ss. 032, 043(1)

Depreciation—Rate of depreciation—Computer accessories and peripherals—Uninterrupted power supply system integral part of computer system—Nothing to s...

[2023] 457 ITR 203 (Bom)

CIT (IT) v. Citicorp Investment Bank (Singapore) Ltd. (Bom)

Release Date: September 20, 2023

Section(s): Double Taxation Avoidance Agreement between India and Singapore, ss. 013(4), 024

Non-resident—Capital gains—Exemption—Sale of debt instruments in India—Certificate of Singapore tax authorities that income from foreign exchange tran...

[2023] 455 ITR 164 ( Del )

Sanjay Gandhi Memorial Trust v. CIT (E) (Del)

Release Date: September 19, 2023

Section(s): Income-tax Act, 1961, ss. 127, 143(3A), 143(3B)

Transfer of cases—Scope and ambit of section127—E-assessment and faceless assessment scheme do not modify power to transfer cases—Notifications issued...

[2023] 455 ITR 151 ( Ori )

Discoverture Solutions (India) Pvt. Ltd. v. Dy. CIT (Ori)

Release Date: September 18, 2023

Section(s): Income-tax Act, 1961, ss. 010A, 010B

Exemption—Export oriented unit—Mandatory condition—Filing of certificate of auditor that assessee an export unit—Assessee consistently claiming exempt...

[2023] 106 ITR (Trib) 81 (ITAT[Mum])

T. G. Services P. Ltd. v. Addl. CIT (ITAT[Mum])

Release Date: September 17, 2023

Income-tax Act, 1961, ss. 092CA, 144C, 153, 254

Appeal to Appellate Tribunal—Powers of Tribunal—Power to admit additional grounds—Additional ground on limitation—Purely legal issue not requiring any...

[2023] 455 ITR 30 ( Mad )

Bharathiraja Hospitals And Res. Cen. P. Ltd. v. Dy. CIT (Mad)

Release Date: September 16, 2023

Section(s): Income-tax Act, 1961, ss. 276B, 278B

Offences and prosecution—Writ—Failure to deposit tax deducted at source—Writ petition against complaint under section 276B read with section 278B—Plea...

[2023] 455 ITR 20 (Mad)

Mehala Machines India Ltd. v. ITO (Mad)

Release Date: September 15, 2023

Income-tax Act, 1961, ss. 276B, 278B

Appeal to Appellate Tribunal—Powers of Tribunal—Power to admit additional grounds—Additional ground on limitation—Purely legal issue not requiring any...

[2023] 106 ITR (Trib) 531 ( ITAT[Hyd ])

Venkateswara Rao v. Asst. DIT (IT) (ITAT[Hyd])

Release Date: September 14, 2023

Section(s): Income-tax Act, 1961, ss. 143, 147

Reassessment—Original assessment made after case selected for limited scrutiny on issue of cash deposits—Enquiries made and detailed replies filed by ...

[2023] 106 ITR (Trib) 453 ( ITAT[Kolk ])

Dy. CIT v. Narsingh Ispat Ltd. (ITAT[Kolk])

Release Date: September 13, 2023

Section(s): Income-tax Act, 1961, s. 068

Cash credits—Share capital received from two companies—Companies furnishing particulars including bank statements, audited accounts and computations o...

[2023] 104 ITR (Trib) (S.N.) 74 (ITAT[Del])

Dy. CIT v. Becon Constructions P. Ltd. (ITAT[Del])

Release Date: September 9, 2023

Income-tax Act, 1961, ss. 271(1)(c), 271AAA

Penalty—Concealment of income or furnishing inaccurate particulars of income—Penalty in search cases—Penalty levied under section 271 (1)(c)instead of s...

[2023] 104 ITR (Trib) (S.N.) 72 (ITAT[Del])

BLP Vayu (Project-1) P. Ltd. v. Pr. CIT (ITAT[Del])

Release Date: September 8, 2023

Income-tax Act, 1961, ss. 056(2)(viib), 263

Revision—Erroneous and prejudicial to Revenue—Income from other sources—Receipt of consideration for shares in excess of fair market value—Share premi...

[2023] 104 ITR (Trib) (S.N.) 65 ( ITAT[Pat])

Asst. CIT v. Rishav Dutta (ITAT[Pat])

Release Date: September 7, 2023

Income-tax Act, 1961, ss. 145, 145A(ii) ; Income-tax Rules, 1962, s. 046A

Income from undisclosed sources—Appeal to Commissioner (Appeals)—Commissioner (Appeals) on basis of documents presented before him granting relief to...

[2023] 104 ITR (Trib) (S.N.) 62 ( ITAT[Mum ])

ITO v. Neumec Builders and Developers (ITAT[Mum])

Release Date: September 6, 2023

Income-tax Act, 1961, ss. 142A, 147, 148, 153, 001(iv)

Reassessment—Validity—Assessment reopened to bring to tax profits on transfer of development rights—Valuation referred to Valuation Cell—Order of reas...

[2023] 104 ITR (Trib) (S.N.) 58 (ITAT[Raipur])

Shri Jain Shwetamber Murtipujak Sangh v. ITO (ITAT[Raipur])

Release Date: September 5, 2023

Income-tax Act, 1961, ss. 011(2), 119(2)(b), 139(1)

Charitable purpose—Exemption—Condition precedent—Audit report in form 10B to be filed before “specified date”—Audit report filed beyond date specified...

[2023] 104 ITR (Trib) (S.N.) 56 (ITAT[Del])

National Law University v. Addl. CIT (ITAT[Del])

Release Date: September 4, 2023

Income-tax Act, 1961, ss. 010(23C)(iiiab), 012A(1)(b), 044AB, 271B

Penalty—Failure to get accounts audited—Assessee, a university established by Delhi Act solely for educational purposes and not engaged in business or...

[2023] 104 ITR (Trib) (S.N.) 55 (ITAT[Ahm])

D And C Phoenix v. Asst. DIT (ITAT[Ahm])

Release Date: September 3, 2023

Income-tax Act, 1961, ss. 143(1), 246A

Appeal to Commissioner (Appeals)—Appealable orders—Deduction of tax at source—Credit—Intimation denying credit for tax at source—Appealable—Income-tax...

[2023] 106 ITR (Trib) 322 (ITAT[Mum])

UCB India P. Ltd. v. Asst. CIT (ITAT[Mum])

Release Date: September 2, 2023

Income-tax Act, 1961, s. 154

Rectification of mistake—Mistake apparent from record—Debatable issue does not give rise to “mistake”—Sales promotion expenses—Circular of Board prohi...

[2023] 106 ITR (Trib) 294 (ITAT[Jai])

Paris Elysees India P. Ltd. v. Dy. CIT (ITAT[Jai])

Release Date: September 1, 2023

Income-tax Act, 1961, ss. 036(1)(va), 143(1)

Assessment—Prima facie adjustment—Scope of—Business expenditure—Employees’ contribution to provident fund and employees’ State insurance—Payment made...

[2023] 104 ITR (Trib) 639 ( ITAT[Mum ])

DEPUTY COMMISSIONER OF INCOME-TAX v.ASIAN STAR CO. LTD.

Release Date: June 28, 2023

Section(s): Income-tax Act, 1961, s. 37

Income from undisclosed sources—Bogus purchases—Assessee submitting ledger accounts of transactions, purchase invoices and bank statements showing pay...

[2023] 103 ITR (Trib) (S.N.) 1 ( ITAT[Kolk ])

INCOME-TAX OFFICER v. BEJOY KUMAR CHIRIMAR

Release Date: June 27, 2023

Income-tax Act, 1961, ss. 69, 271(1)(c)

Capital gains—Exemption—Assessee and his spouse residing on monthly tenancy for more than thirty years in building—Owner entering into development agr...

[2023] 104 ITR (Trib) 684 (ITAT[Amrit])

DEPUTY COMMISSIONER OF INCOME-TAX v. KASHMIR STEEL ROLLING MILLS

Release Date: June 26, 2023

Income-tax Act, 1961, s. 154

Rectification of mistake—Mistake apparent from record—Assessee claiming excise duty refund and interest subsidy as revenue receipts in return—High Cou...

[2023] 453 ITR 242 (SC)

COMMISSIONER OF INCOME-TAX v. S. GOYANKA LIME AND CHEMICAL LTD.

Release Date: June 25, 2023

Income-tax Act, 1961, ss. 148, 151

Reassessment—Notice—Sanction of Commissioner—Sanction given mechanically—High Court holding sanction not sustainable—Supreme Court—Special leave petit...

[2023] 453 ITR 214 (SC)

VAN OORD ACZ INDIA PVT. LTD. v. COMMISSIONER OF INCOME-TAX

Release Date: June 24, 2023

Income-tax Act, 1961, s. 195

Deduction of tax at source—Payment to non-resident—Specific finding that assessee not liable to deduct tax at source—Supreme Court—No interference—Que...

[2023] 453 ITR 14 (SC)

ASSISTANT COMMISSIONER OF INCOME-TAX AND OTHERS v. GODREJ AND BOYCE MANUFACTURING CO. LTD.

Release Date: June 23, 2023

Income-tax Act, 1961, ss. 147, 148

Reassessment—Notice—Sanction of prescribed authority—Principal Commissioner himself earlier dropping revision proceedings on ground on which reassessm...

[2023] 453 ITR 1 (SC)

ANIL MINDA AND OTHERS v. COMMISSIONER OF INCOME-TAX

Release Date: June 22, 2023

Income-tax Act, 1961, ss. 132, 158BC, 158BE

Search and seizure—Block assessment—Limitation—To be reckoned from date of last panchnama, not date of last warrant of authorisation—Income-tax Act, 1...

[2021] 86 ITR (Trib) (S.N.) 19 (ITAT[Mum])

ASSISTANT COMMISSIONER OF INCOME-TAX v. ASHOK RADHAKISHEN MEHRA

Release Date: June 21, 2023

Income-tax Act, 1961, ss. 043B(d), 043B(e)

Business expenditure—Deduction only on actual payment—Interest payable to bank—Provision that conversion of interest into loan not equivalent to actua...

[2021] 86 ITR (Trib) (S.N.) 6 (ITAT[Viskha])

SRAVAN SHIPPING SERVICES (P.) LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX (INTERNATIONAL TAXATION)

Release Date: June 20, 2023

Income-tax Act, 1961, ss. 195, 201(1A)

Deduction of tax at source—Failure to deduct—Time limit for passing order treating assessee as in default—Failure to deduct tax on purchase of immovab...

[2023] 104 ITR (Trib) 519 (ITAT[Jai])

MAHESH KUMAR GUPTA v. ASSISTANT COMMISSIONER OF INCOME-TAX

Release Date: June 19, 2023

Income-tax Act, 1961, s. 068

Cash credits—Large cash deposit during demonetisation period—Assessee claiming it to be out of proceeds from cash sales—Each sale less than two lakh r...

[2022] 444 ITR 229 (Cal)

UNISOURCE HYDRO CARBON SERVICES PVT. LTD. AND ANOTHER v. UNION OF INDIA AND OTHERS (NO. 2)

Release Date: June 18, 2023

Income-tax Act, 1961, s. 264 ; Constitution of india, s. 226

Revision—Rejection of revision petition by Principal Commissioner on ground that assessee’s writ petition against assessment order dismissed by court—...

[2022] 444 ITR 428 (Ker)

UDAYA SOUNDS v. PRINCIPAL COMMISSIONER OF INCOME-TAX AND ANOTHER

Release Date: June 17, 2023

Income-tax Act, 1961, s. 132

Search and seizure—Retention of seized documents—Effect of section 132(8)—Retention of documents beyond thirty days after proceedings are completed—Ob...

[2022] 444 ITR 167 (Bom)

SOUVENIR DEVELOPERS (I) PVT. LTD. v. UNION OF INDIA

Release Date: June 16, 2023

Income-tax Act, 1961, ss. 043(5), 070, 073

Loss—Set off—Speculative transaction—Definition—Transactions in derivatives—Change of law—Specific exclusion from definition of speculative transactio...

[2022] 444 ITR 41 (All)

DAUJEE ABHUSHAN BHANDAR PVT. LTD. v. UNION OF INDIA AND OTHERS

Release Date: June 15, 2023

Income-tax Act, 1961, ss. 149, 282, 282A

Reassessment—Notice—Limitation—Effect of sections 149, 282 and 282A—Date of issue of notice—Date when digitally signed notice is entered in computer—I...

[2021] 85 ITR (Trib) 18 (ITAT[Bang])

INCOME-TAX OFFICER v. HMT (INTERNATIONAL) LTD.

Release Date: June 14, 2023

RIncome—Accrual of income—Interest on overdue payments—Assessee unable to recover outstanding dues—Uncertainty in recovery of interest on overdue payme...

[2021] 85 ITR (Trib) 518 (ITAT[Bang])

KARNATAKA POWER CORPORATION LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX

Release Date: June 13, 2023

Income-tax Act, 1961, s. 154(7)

Rectification of mistakes—Limitation—Notice proposing to rectify Assessing Officer’s order giving effect to order of Tribunal on appeal from order of ...

[2021] 85 ITR (Trib) (S.N.) 22 (ITAT[Bang])

THIMMAREDDY KRISHNAREDDY v. INCOME-TAX OFFICER

Release Date: June 12, 2023

Income-tax Act, 1961, s. 254

Appeal to Appellate Tribunal—Scope of powers of Tribunal—Principle in Goetze (India) Ltd. v. CIT [2006] 284 ITR 323 (SC) applicable to claims before A...

[2023] 104 ITR (Trib) 296 (ITAT[Mum])

ASSISTANT COMMISSIONER OF INCOME-TAX v. DR. D. Y. PATIL EDUCATION SOCIETY

Release Date: June 11, 2023

Income-tax Act, 1961, s. 153C

Appeal to Appellate Tribunal—Delay in filing—Condonation of delay—Appeals filed by Revenue within extended period allowed by Supreme Court in view of ...

[2021] 85 ITR (Trib) (S.N.) 17 (ITAT[Bang])

MAURICE PATRICK DE REBELLO v. INCOME-TAX OFFICER

Release Date: June 10, 2023

Income-tax Act, 1961, s. 054

Capital gains—Exemption—Purchase of residential house—Joint development agreement—All flats which assessee received from builder under joint developme...

[2022] 444 ITR 161 (Ker)

FOUR STAR GRANITE PVT. LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX AND ANOTHER

Release Date: June 9, 2023

Income-tax Act, 1961, ss. 147, 148, 282 ; Income-tax Rules, 1962, s. 127

Notice—Issue of notices to wrong e-mail id—Notice not valid—Income-tax Act, 1961, s.282—Income-tax Rules, 1962, r.127....

[2022] 444 ITR 436 (Kar)

COMMISSIONER OF INCOME-TAX (EXEMPTIONS) AND ANOTHER v. KARNATAKA STATE STUDENTS WELFARE FUND

Release Date: June 8, 2023

Income-tax Act, 1961, s. 012A

Reassessment—Charitable purpose—Registration—Effect—Law applicable—Effect of amendment of section 12A—Charitable institution entitled to exemption for...

[2023] 104 ITR (Trib) 95 (ITAT[Guwahati])

ABCI INFRASTRUCTURE P. LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX

Release Date: June 7, 2023

Income-tax Act, 1961, ss. 014A, 032(1)(iia), 080AC, 080-IA, 139(1), 153A ; Income-tax Rules, 1962, s. 008D

Search and seizure—Assessment in search cases—Scope of proceedings—Return filed in response to notice—Original return abates and becomes non est—Effec...

[2023] 104 ITR (Trib) 204 (ITAT[Amrit])

M. K. HOTELS AND RESORTS LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX

Release Date: June 6, 2023

Income-tax Act, 1961, s. 250

Appeal to Commissioner (Appeals)—Delay in filing—Delay of nine years—Order sent to e-mail address of accountant who left service without informing ass...

[2023] 104 ITR (Trib) 195 (ITAT[Jodh])

AMAR SINGH SAHARAN v. INCOME-TAX OFFICER

Release Date: June 5, 2023

Appeal to Appellate Tribunal—Recall of order—Agricultural income—Addition made on ground bills of sale of agricultural products not produced—Affidavit...

[2022] 449 ITR 517 (Del)

SUMAN JEET AGARWAL v. INCOME-TAX OFFICER AND OTHERS

Release Date: June 4, 2023

Income-tax Act, 1961, ss. 147, 148, 149, 151, 282A

Reassessment—Notice—Limitation—Issue and service of notice—Law applicable—Effect of amendment of sections147,148149and151with effect from 1-4-2021—Fac...

[2022] 449 ITR 517 (Del)

PRINCIPAL COMMISSIONER OF INCOME-TAX AND ANOTHER v. MSPL LTD.

Release Date: June 3, 2023

Income-tax Act, 1961, ss. 127, 252, 255

Appeal to Appellate Tribunal—Jurisdiction of Tribunal—Appeal to be heard and disposed of only by Bench within whose jurisdiction Assessing Officer who...

[2023] 452 ITR 292 (Bom)

ASHRAF ALIBHAI NATHANI v. ASSISTANT COMMISSIONER OF INCOME-TAX AND OTHERS

Release Date: June 2, 2023

Income-tax Act, 1961, ss. 147, 148

Reassessment—Notice after four years—Condition precedent—Failure on part of assessee to disclose material facts fully and truly—Nature of duty of asse...

[2023] 103 ITR (Trib) 13 (ITAT[Del])

ASSISTANT COMMISSIONER OF INCOME-TAX v.1. ATUL KUMAR GUPTA 2. RAJIV GUPTA ATUL KUMAR GUPTA v. ASSISTANT COMMISSIONER OF INCOME-TAX

Release Date: June 1, 2023

Income-tax Act, 1961, ss. 069, 132, 153A, 153C

Unexplained investments—Allegation that purchase prices suppressed—Mere assertion by Assessing Officer of availability of seized material insufficient...

[2022] 449 ITR 192 ( SC )

STATE BANK OF INDIA v. ASSISTANT COMMISSIONER OF INCOME-TAX

Release Date: February 15, 2023

Section(s): Income-tax Act, 1961, ss. 147, 148

Exemption—Leave travel concession—Conditions precedent for exemption—Travel must be from one designated place in India to another designated place wit...

[2022] 447 ITR 757 ( SC )

MANOJ B. JOSHI v. 8TH INCOME-TAX OFFICER AND OTHERS

Release Date: January 6, 2023

Section(s): Income-tax Act, 1961, s. 2(24)

Income or capital—Findings of fact that assessee entered into memorandum of understanding with developer who was to acquire land and construct flats—D...

[2022] 447 ITR 743 ( Bom )

GANGA IRON AND STEEL TRADING CO. v. COMMISSIONER OF INCOME-TAX

Release Date: January 5, 2023

Section(s): Income-tax Act, 1961, ss. 260A, 271(1)(c)

Penalty—Concealment of income or furnishing inaccurate particulars thereof—Notice—Validity—Notice must clearly specify nature of offence—Notice which ...

[2022] 447 ITR 750 ( Ker )

E. SHAMSUDEEN v. COMMISSIONER OF INCOME-TAX

Release Date: January 4, 2023

Section(s): Income-tax Act, 1961, ss. 132, 143, 153A

Search and seizure—Assessment in search cases—Scope of section 153A—Assessment under section 153A—Notice under section 143(2) not necessary—Income-tax...

[2022] 99 ITR (Trib) 214 ( ITAT[Jai ])

DEPUTY COMMISSIONER OF INCOME-TAX v. SMT. PALLAVI MISHRA

Release Date: January 3, 2023

Section(s): Income-tax Act, 1961, ss. 132(1), 153A, 245D(4), 254, 246A

Appeal to Appellate Tribunal—Power to admit additional grounds of appeal—Purely legal grounds challenging jurisdiction of Commissioner (Appeals)—Groun...

[2022] 449 ITR 457 ( All )

SANTOSH KRISHNA (HUF) v. UNION OF INDIA AND OTHERS

Release Date: January 2, 2023

Section(s): Income-tax Act, 1961, ss. 147, 148

Reassessment—Notice—Limitation—Income Tax Business Application showing e-mail served at 5 am on April 1, after expiry of time—Notice and reassessment ...

[2022] 449 ITR 439 ( SC )

COMMISSIONER OF INCOME-TAX v. MANSUKH DYEING AND PRINTING MILLS

Release Date: December 31, 2022

Section(s): Income-tax Act, 1961, ss. 2(47)(ii), 45(4), 47(ii), 50

Capital gains—Transfer—Charge of tax—Distribution of capital assets on account of dissolution of firm “or otherwise”—Dissolution of firm not essential...

[2022] 99 ITR (Trib) 192 ( ITAT[Del ])

SYSTRA SA (PROJECT OFFICE) v. DEPUTY COMMISSIONER OF INCOME-TAX (INTERNATIONAL TAXATION)

Release Date: December 30, 2022

Appeal to Appellate Tribunal—Application for recall of ex parte order—Assessee not appearing before Tribunal under belief that adjournment application...

[2022] 447 ITR 726 ( Mad )

RAVIKUMAR DHANDHANIA v. INCOME-TAX OFFICER

Release Date: December 29, 2022

Section(s): Income-tax Act, 1961, ss. 234A, 234B, 234C

Returns—Advance tax—Interest payable under sections 234A, 234B and 234C—Interest on interest—Assessee liable to pay interest on interest—Income-tax Ac...

[2022] 99 ITR (Trib) 194 ( ITAT[Amrit ])

AMARNATH AGGARWAL BUILDERS PVT. LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX

Release Date: December 28, 2022

Section(s): Income-tax Act, 1961, s. 28

Business loss—Real estate business—Assessee with two other entities entering into an agreement for purchase of land—At time of entering into agreement...

[2022] 449 ITR 425 ( Del )

ERNST AND YOUNG U. S. LLP v. ASSISTANT COMMISSIONER OF INCOME-TAX (INTERNATIONAL TAXATION) AND ANOTHER

Release Date: December 28, 2022

Section(s): Income-tax Act, 1961, ss. 143(1), 147, 148, 148A(d)

Reassessment—Notice—Original assessment by intimation—Fresh material not necessary for reopening assessment—Order for issue of notice valid—Income-tax...

[2022] 99 ITR (Trib) (S.N.) 24 ( ITAT[Del ])

INSTEL SERVICES PVT. LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX (and vice versa)

Release Date: December 27, 2022

Section(s): Income-tax Act, 1961, ss. 37, 143

Assessment—Scrutiny—Limited scrutiny to examine “high ratio of refund to tax deducted at source”—Examination should be of heads of receipts wherein cr...

[2022] 99 ITR (Trib) (S.N.) 21 (ITAT[Varanasi])

AAKAR HOUSING DEVELOPERS PVT. LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX

Release Date: December 23, 2022

Section(s): Income-tax Act, 1961, s. 68

Cash credits—Burden of proof—Assessee carrying on business of construction of residential flats—Cash received from seventeen persons—Claim that owners...

[2022] 447 ITR 662 ( SC )

COMMISSIONER OF INCOME-TAX v. UTI BANK LTD.

Release Date: December 22, 2022

Section(s): Income-tax Act, 1961, s. 14A

Income—Disallowance of expenditure relating to exempt income—Disallowance without finding how much administrative expenditure incurred to earn exempt ...

[2022] 447 ITR 663 (SC)

DIRECTOR OF INCOME-TAX (EXEMPTIONS) v. MEENAKSHI AMMA ENDOWMENT TRUST

Release Date: December 21, 2022

Section(s): Income-tax Act, 1961, s. 12AA(3)

Charitable purpose—Registration—Application for—Authority to look to objects and activities of assessee—Denial for failure to start charitable activit...

[2022] 447 ITR 661 ( SC )

ASHOK LEYLAND LTD. v. COMMISSIONER OF INCOME-TAX

Release Date: December 20, 2022

Section(s): Income-tax Act, 1961, s. 80HHC

Export—Special deduction—Computation—Unabsorbed losses to be taken into account before computing special deduction—Income-tax Act, 1961, s.80HHC....

[2022] 447 ITR 659 ( SC )

PRINCIPAL COMMISSIONER OF INCOME-TAX v. MEHNDIPUR BALAJI

Release Date: December 19, 2022

Section(s): Income-tax Act, 1961, s. 153A

Search and seizure—Assessment in search cases—Scope of section 153A—No mandatory requirement that assessment or reassessment should be based only on b...

[2022] 447 ITR 517 (All)

PRINCIPAL COMMISSIONER OF INCOME-TAX v. MEHNDIPUR BALAJI

Release Date: December 16, 2022

Section(s): Income-tax Act, 1961, s. 153A

Search and seizure—Assessment in search cases—Scope of section 153A—No mandatory requirement that assessment or reassessment should be based only on b...

[2022] 100 ITR (Trib) 252 (ITAT[Del])

INCOME-TAX OFFICER v. BABITA GUPTA

Release Date: December 15, 2022

Section(s): Income-tax Act, 1961, s. 54B

Capital gains—Exemption—Sale of agricultural land and purchase of agricultural land in same year—Second transaction made through unregistered sale agr...

[2022] 447 ITR 372 ( SC )

HARSHIT FOUNDATION SEHMALPUR JALALPUR JAUNPUR v. COMMISSIONER OF INCOME-TAX

Release Date: December 14, 2022

Income-tax Act, 1961, s. 12AA(2)

Charitable purpose—Registration—Application for—Failure by authority to dispose of application within six months—No deemed grant of registration—Incom...

[2022] 448 ITR 594 (SC)

NEW NOBLE EDUCATIONAL SOCIETY v. CHIEF COMMISSIONER OF INCOME-TAX AND ANOTHER 1. ST. AUGUSTINE EDUCATIONAL SOCIETY 2. ST. PATRICK EDUCATIONAL SOCIETY 3. SRI KOUNDINYA EDUCATIONAL SOCIETY 4. R. R. M. EDUCATIONAL SOCIETY v. CHIEF COMMISSIONER OF INCOME-TAX

Release Date: December 13, 2022

Income-tax Act, 1961, ss. 2(15), 10(23C)(vi), 11(4A)

Educational institution—Exemption—“Any university or other educational institution existing solely for educational purposes and not for purposes of pr...

[2022] 447 ITR 1 (SC)

PRINCIPAL COMMISSIONER OF INCOME-TAX v. 1. ABC PAPERS LTD. 2. KUANTUM PAPERS LTD.

Release Date: December 12, 2022

Income-tax Act, 1961, ss. 116, 120, 124, 127, 252, 255, 260A, 269

Appeals—Certainty of appellate forum....

[2022] 98 ITR (Trib) (S.N.) 93 (ITAT[Mum])

ESSEL MINING AND INDUSTRIES LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX (and vice versa)

Release Date: December 9, 2022

Income-tax Act, 1961, ss. 143(3), 147, 153C

Search and seizure—Assessment of third person—No proceedings of assessee for assessment year 2008-09 pending on date of assumption of jurisdiction und...

[2022] 98 ITR (Trib) 665 (ITAT[Jai])

SHYAM GIDWANI v. INCOME-TAX OFFICER

Release Date: December 8, 2022

Income-tax Act, 1961, ss. 68, 147, 148, 151

Reassessment—Notice after four years—Condition precedent—Sanction of prescribed authority—Sanction obtained from Joint Commissioner instead of Princip...

[2022] 447 ITR 196 (Guj)

KAMLESH RAJNIKANT SHAH v. PRINCIPAL COMMISSIONER OF INCOME-TAX AND OTHERS

Release Date: December 7, 2022

Income-tax Act, 1961, s. 127

Transfer of case—Writ—Scope of section 127—Order under section 127 in nature of an administrative order—Order of transfer to facilitate investigation ...

[2022] 98 ITR (Trib) 634 (ITAT[Del])

DEPUTY COMMISSIONER OF INCOME-TAX v. SAHARA INDIA SAHKARI AWAS SAMITI LTD. (and vice versa)

Release Date: December 6, 2022

Income-tax Act, 1961, s. 80-IB(10)

Housing project—Special deduction—Conditions precedent—Condition as to extent of commercial space in housing project—Provision applicable prospectivel...

[2022] 98 ITR (Trib) 650 (ITAT[Ahm])

ASSISTANT COMMISSIONER OF INCOME-TAX v. KRISHNA COIL CUTTERS PVT. LTD.

Release Date: December 5, 2022

Income-tax Act, 1961, s. 2(22)(e)

Dividend—Deemed dividend—Loan to shareholder—Provision not attracted where lending of money constitutes substantial part of business of company—Lender...

[2022] 98 ITR (Trib) 610 (ITAT[Chand])

RAJINDER CHAUHAN v. PRINCIPAL COMMISSIONER OF INCOME-TAX

Release Date: December 2, 2022

Income-tax Act, 1961, s. 263

Revision—Erroneous and prejudicial to Revenue—Reopening based on audit objection—Failure by Principal Commissioner to give independent finding—Mechani...

[2022] 447 ITR 29 (All)

PRINCIPAL COMMISSIONER OF INCOME-TAX AND ANOTHER v. JUBILANT FOODWORKS LTD

Release Date: December 1, 2022

Income-tax Act, 1961, s. 37(1)

Business expenditure—Capital or revenue expenditure—Expenditure on improvements in leased premises to run fast food business—Findings of appellate aut...

[2022] 447 ITR 0040 (Del)

JONES LNG LASALLE PROPERTY CONSULTANTS (INDIA) PVT. LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX (TDS) AND ANOTHER

Release Date: November 30, 2022

Income-tax Act, 1961, ss. 154, 197, 237

Deduction of tax at source—Application for nil deduction or deduction at lower rate—Rectification of order—Refund—Application for withholding of tax a...

[2022] 448 ITR 0667 (ITAT[Del])

MAHASHIAN DI HATTI PVT. LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX

Release Date: November 29, 2022

Income-tax Act, 1961, ss. 148, 148A(b), 148A(d)

Reassessment—Notice—Show-cause notice—Details of bogus entities from which assessee was alleged to have made purchases not furnished in show-cause not...

[2022] 448 ITR 0671 (ITAT[Del])

CATCHY PROP-BUILD PVT. LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX AND OTHERS

Release Date: November 28, 2022

Income-tax Act, 1961, ss. 147, 148, 148A(b), 148A(d)

Reassessment—Notice—Change of law—New procedure—Show-cause notice—Mandatory condition—Foundational allegation in respect of share transactions missing...

[2022] 97 ITR (Trib) (S.N.) 67 (ITAT[Del])

ASSISTANT COMMISSIONER OF INCOME-TAX v. SMB SECURITIES LTD.

Release Date: November 25, 2022

Income-tax Act, 1961, s. 68

Cash credits—Unsecured loans—Finding that assessee was registered as non-banking finance company and had disbursed money borrowed from three companies...

[2022] 98 ITR (Trib) (S.N.) 59 (ITAT[Chen])

DEPUTY COMMISSIONER OF INCOME-TAX v. COOPER STANDARD AUTOMOTIVE INDIA P. LTD.

Release Date: November 24, 2022

Income-tax Act, 1961, ss. 028(iv), 041(1)

Business income—Capital or revenue receipt—Remission or cessation of trading liability—Assets and liabilities of subsidiary absorbed by holding compan...

[2022] 98 ITR (Trib) 200 (ITAT[Jai])

MAHAVEER PRASAD AGARWAL v.DEPUTY COMMISSIONER OF INCOME-TAX

Release Date: November 23, 2022

Income-tax Act, 1961, ss. 271AAB, 274

Penalty—Penalty in search cases—Undisclosed income—Assessee surrendering additional income—Assessing Officer without mentioning specific charge or lim...

[2022] 99 ITR (Trib) 620 (ITAT[Del])

1. DWARKA PORTFOLIO PVT. LTD.(I. T. A. No. 2563/Delhi/2017) 2. SHASTRI BUILDCON P. LTD.(I. T. A. No. 2868/Delhi/2019) 3. VAVASI TELEGENCE P. LTD. (I. T. A. No. 5338/Delhi/2011) v. ASSISTANT COMMISSIONER OF INCOME-TAX

Release Date: November 18, 2022

Income-tax Act, 1961, ss. 068, 179

Company—Private company—Recovery of tax—Company struck off from Register—Arrears of Income-tax due—Appeal to Tribunal does not become infructuous—Stat...

[2022] 448 ITR 332 (Cal)

PRINCIPAL COMMISSIONER OF INCOME-TAX v. SREELEATHERS

Release Date: November 17, 2022

Income-tax Act, 1961, s. 068

Cash credits—Condition precedent for application of section 68—Explanation for credits offered by assessee—Burden of proof on Revenue to establish tha...

[2022] 99 ITR (Trib) 422 (ITAT[Jai])

1. JR INDUSTRIES (I. T. A. No. 26/JP/2021) 2. OM INDUSTRIES(I. T. A. No. 27/JP/2021) 3. VIKAS OIL PRODUCT(I. T. A. No. 28/JP/2021) v. PRINCIPAL COMMISSIONER OF INCOME-TAXSREELEATHERS

Release Date: November 16, 2022

Income-tax Act, 1961, s. 263

Revision—Commissioner—Jurisdiction—Only in respect of issues not considered and decided by Commissioner (Appeals)—Assessing Officer charging only 25 p...

[2022] 98 ITR (Trib) (S.N.) 21 (ITAT[Pune])

RANGANATH SALKE v. ADDITIONAL COMMISSIONER OF INCOME-TAX

Release Date: November 15, 2022

Agricultural income—Exemption—Onus on assessee to prove genuineness of exempt income—Assessee claiming onions sold to exporters but not filing single ...

[2022] 98 ITR (Trib) 79 (ITAT[Pat])

PUSHPA SINGH v. PRINCIPAL COMMISSIONER OF INCOME-TAX

Release Date: November 14, 2022

Income-tax Act, 1961, ss. 147, 263

Reassessment—Scope of provisions—Assessing Officer not making addition on issue for which it was reopened—No other addition can be made—Income-tax Act...

[2022] 98 ITR (Trib) (S.N.) 19 (ITAT[Ahm])

BIMAL KESHAVLAL PATEL v. PRINCIPAL COMMISSIONER OF INCOME-TAX

Release Date: November 13, 2022

Income-tax Act, 1961, ss. 056(2)(vii)(b), 263

Revision—Erroneous and prejudicial to Revenue—Purchase of property by assessee—Principal Commissioner setting aside order for considering applicabilit...

[2022] 98 ITR (Trib) 1 (ITAT[Amrit])

NAVDEEP SOOD v. INCOME-TAX OFFICER

Release Date: November 12, 2022

Cash credits—Cash deposits in savings bank account—Failure by assessee to give explanation about source of deposits—Assessing Officer treating cash de...

[2022] 99 ITR (Trib) 522 (ITAT[Chand])

NEW TRUCK OPERATORS UNION v. INCOME-TAX OFFICER

Release Date: November 11, 2022

Income—Estimation of net profit—Failure by assessee to produce books of account and original vouchers pertaining to income and expenditure—Assessing O...

[2022] 448 ITR 303 (Bom)

HALITE PERSONAL CARE INDIA PVT. LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX AND OTHERS

Release Date: November 10, 2022

Income-tax Act, 1961, ss. 147, 148

Reassessment—Notice after four years—Condition precedent—Failure to disclose truly and fully all material facts necessary for assessment—Notice based ...

[2022] 446 ITR 511 (Raj)

URMILA v. INCOME-TAX OFFICER

Release Date: November 9, 2022

Income-tax Act, 1961, ss. 147, 148, 148A, 149

Reassessment—Notice—Initiation of proceedings before issue of notice providing opportunity—Request for adjournment to file response not granted—Assess...

[2022] 446 ITR 513 (Del)

PRITI NANDA v. COMMISSIONER OF INCOME-TAX (APPEALS) AND ANOTHER

Release Date: November 8, 2022

Income-tax Act, 1961, s. 226

Appeal to Commissioner (Appeals)—Recovery of tax—Freezing of bank accounts and demand recovered while appeal against assessment order pending before C...

[2022] 446 ITR 723 (Ker)

JOSEPH THANNIKOTTU KORAH v. PRINCIPAL COMMISSIONER OF INCOME-TAX

Release Date: November 7, 2022

Cash credit—Burden on assessee to prove source of cash credit—Failure to discharge burden—Addition to total income justified—Income-tax Act, 1961....

[2022] 446 ITR 712 (Kar)

PRINCIPAL COMMISSIONER OF INCOME-TAX AND ANOTHER v. J. J. GLASTRONICS PVT. LTD.

Release Date: November 6, 2022

Income-tax Act, 1961, ss. 014A, 115JB, 154

Company—Computation of book profits—Effect of section 115JB—Amounts disallowed under section 14A cannot be added back to book profits—Income-tax Act, ...

[2022] 99 ITR (Trib) 451 (ITAT[Chand])

ROOP SQUARE P. LTD. v .ASSISTANT COMMISSIONER OF INCOME-TAX

Release Date: November 5, 2022

Income-tax Act, 1961, ss. 068, 145(3)

Search and seizure—Assessment in search cases—Accounting—Rejection of books of account—No defect pointed out by Assessing Officer in books of account—...

[2022] 98 ITR (Trib) (S.N.) 1 (ITAT[Bang])

BOSCH LTD. v. COMMISSIONER OF INCOME-TAX, LTU

Release Date: November 4, 2022

Income-tax Act, 1961, ss. 032AC, 263

Revision—Erroneous and prejudicial to Revenue—Business expenditure—Investment in new plant and machinery—New provision—No direct judicial precedent in...

[2022] 97 ITR (Trib) 601 (ITAT[Luck])

SATISH COLD STORAGE v. DEPUTY COMMISSIONER OF INCOME-TAX

Release Date: November 3, 2022

Income-tax Act, 1961, ss. 080IB, 143(1), 154

Industrial undertaking—Special deduction—Rectification of mistake—Mistake apparent from record—Failure to file form 10CCB with return of income—Form f...

[2022] 97 ITR (Trib) 587 (ITAT[Chand])

INCOME-TAX OFFICER v. MOHINDER PAL SINGLA

Release Date: November 2, 2022

Income-tax Act, 1961, s. 041(1)

Appeal to Commissioner (Appeals)—Condonation of delay—Delay in filing appeal due to non-service of assessment order—Reasonable cause for delay—Delay c...

[2022] 96 ITR (Trib) 435 (ITAT[Chand])

GAYATRI PARIVAR TRUST BHORANJ v. COMMISSIONER OF INCOME-TAX (EXEMPTIONS)

Release Date: November 1, 2022

Income-tax Act, 1961, ss. 012AA, 080G(5)(vi)

Donation to charitable institution—Application for approval of institution—Objects of trust not religious in nature—Assessee-trust enjoying benefit of...

[2022] 97 ITR (Trib) 389 (ITAT[Chand])

SMT. TRIPTA RANI v. ASSISTANT COMMISSIONER OF INCOME-TAX

Release Date: October 31, 2022

Income-tax Act, 1961, s. 069A

Search and seizure—Assessment in search cases—Assessment of third person—Unexplained money—No incriminating material regarding assessee found during s...

[2022] 96 ITR (Trib) (S.N.) 71 (ITAT[Surat])

K. PATEL INTERNATIONAL v. ASSISTANT COMMISSIONER OF INCOME-TAX

Release Date: October 30, 2022

Income-tax Act, 1961, s. 036(1)(iii)

Bad debt—Advance for purchase of material for stock-in-trade—Amount written off—To be allowed—Income-tax Act, 1961, s.36(1)(iii)....

[2022] 96 ITR (Trib) 24 (ITAT[Viskha])

ASSISTANT COMMISSIONER OF INCOME-TAX v. HIRAPANNA JEWELLERS

Release Date: October 29, 2022

Income-tax Act, 1961, ss. 068, 115BBE

Cash credit—Unexplained money—Cash sales following demonetisation announced by Government—Sales accounted and brought to tax—Stock register and on-han...

[2022] 445 ITR 390 (Del)

S. K. SRIVASTAVA v. CENTRAL BOARD OF DIRECT TAXES AND OTHERS

Release Date: October 28, 2022

Income-tax Act, 1961, ss. 139A, 144B ; Constitution of India, s. 226

Assessment—Faceless assessment—Scope of—Scheme of faceless assessment legal and valid—Income-tax Act, 1961, s.144B....

[2022] 445 ITR 450 (Ker)

MUTHUKOYA T. v. COMMISSIONER OF INCOME-TAX AND OTHERS

Release Date: October 27, 2022

Income-tax Act, 1961, s. 131

Income-tax survey—Impounding of documents—Retention of such documents—Effect of section 131—Retention beyond fifteen days only after approval of highe...

[2022] 446 ITR 308 (Kar)

R. RAMAKRISHNAN v. CENTRAL BOARD OF DIRECT TAXES AND ANOTHER

Release Date: October 26, 2022

Income-tax Act, 1961, s. 119(2)(b)

Central Board of Direct Taxes—Condonation of delay—Delay in filing application before Board—Circular dated 9-6-2015[1]prescribing limitation period of...

[2022] 446 ITR 278 (Guj)

SARDAR VALLABHBHAI PATEL EDUCATION SOCIETY v. INCOME-TAX OFFICER

Release Date: October 24, 2022

Income-tax Act, 1961, ss. 147, 148

Reassessment—Notice—Validity—Condition precedent for notice—Tangible material to show escapement of income from tax—No evidence of such material—Notic...

[2022] 446 ITR 275 (Telangana)

APR JEWELLERS PVT. LTD. v. COMMISSIONER OF INCOME-TAX (APPEALS) AND ANOTHER

Release Date: October 23, 2022

Income-tax Act, 1961, ss. 220(6), 246A

Recovery of tax—Stay of demand—Appeal to Commissioner (Appeals)—Power to grant stay—Commissioner (Appeals) being quasi-judicial authority is not bound...

[2022] 99 ITR (Trib) 233 (ITAT[Raipur])

TOPWORTH URJA AND METAL LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX

Release Date: October 22, 2022

Income-tax Act, 1961, s. 249(4)

Appeal to Commissioner (Appeals)—Failure to file return either under section139(1)or under section153Aon account of financial difficulties—Commissione...

[2022] 99 ITR (Trib) 241 (ITAT[Chand])

DSG PAPERS PVT. LTD. v. ASSISTANT/DEPUTY COMMISSIONER OF INCOME-TAX

Release Date: October 21, 2022

Search and seizure—Assessment in search cases—Information received from Goods and Services Tax Department that assessee indulging in underinvoicing an...

[1993] 203 ITR 456 (SC)

PHOOL CHAND BAJRANG LAL AND ANOTHER v. INCOME-TAX OFFICER AND ANOTHER

Release Date: October 21, 2022

Income-tax Act, 1961, ss. 149, 148, 147(a)

Reassessment—Scope of section 147(a)—Failure to disclose fully and truly material facts—Cash loan claimed to be taken by assessee from company—Accepte...

[2022] 446 ITR 18 (SC)

PRINCIPAL DIRECTOR OF INCOME-TAX (INVESTIGATION) AND OTHERS v. LALJIBHAI KANJIBHAI MANDALIA

Release Date: October 20, 2022

Income-tax Act, 1961, s. 132 ; Constitution of India, s. 226

Search and seizure—Warrant of authorisation—Scope of judicial review—‘‘Reason to believe”—General principles governing—Adequacy of reasons not within ...

[2022] 97 ITR (Trib) (S.N.) 76 (ITAT[Chen])

DAESEUNG AUTOPARTS INDIA PVT. LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX

Release Date: October 19, 2022

Income-tax Act, 1961, ss. 032(1)(iia), 043A

Depreciation—Additional depreciation—Allowable only in year of acquisition and installation of new plant and machinery and not in subsequent years—Cap...

[2022] 446 ITR 1 (SC)

PRINCIPAL COMMISSIONER OF INCOME-TAX AND ANOTHER v. WIPRO LTD.

Release Date: October 18, 2022

Income-tax Act, 1961, ss. 010B(5), 010B(8), 072, 080, 139(1), 139(3), 139(5)

Export—Exemption—100 per cent. export-oriented undertaking—Conditions precedent for claiming exemption—Declaration to be furnished to Assessing Office...

[2022] 446 ITR 56 (Cal)

PRINCIPAL COMMISSIONER OF INCOME-TAX v. SWATI BAJAJ

Release Date: October 17, 2022

Income-tax Act, 1961, ss. 068, 260A, 263

Income from undisclosed sources—Capital gains—Long-term and short-term capital gains—Discovery of large number of fraudulent transactions with penny s...

[2022] 445 ITR 622 (Raj)

RAJENDRA KUMAR v. ASSISTANT COMMISSIONER OF INCOME-TAX AND ANOTHER

Release Date: October 16, 2022

Income-tax Act, 1961, ss. 220, 222, 223, 245 ; Constitution of India, ss. 014, 019, 265

Recovery of tax—Refund—Adjustment of refund against tax dues—Effect of filing appeal—Assessee must be given information regarding proposed adjustment—...

[2022] 97 ITR (Trib) 706 (ITAT[Jai])

SHRI JEEN MATA BUILDCON PVT. LTD. v. INCOME-TAX OFFICER

Release Date: October 15, 2022

Income-tax Act, 1961, s. 133(6)

Unexplained expenditure—No defect found in assessee’s books of account—Contract receipt reflected in subsequent year according to method of accounting...

[2022] 97 ITR (Trib) (S.N.) 63 (ITAT[Mum])

NITIN A. SHAH v. DEPUTY COMMISSIONER OF INCOME-TAX

Release Date: October 14, 2022

Income-tax Act, 1961, ss. 131, 133A

Assessment—Income-tax survey—Income from undisclosed sources—Addition for cash component of interest made solely on basis of statement of assessee rec...

[1976] 103 ITR 437 (SC)

INCOME-TAX OFFICER, I WARD, DISTT. VI, CALCUTTA, AND OTHERS v. LAKHMANI MEWAL DAS

Release Date: October 13, 2022

Income Tax Act, 1961, ss. 147(a), 148 ; Indian Income-tax Act, 1922, ss. 034(1)(a), 034(1)(b)

Reassessment—Notice after 4 years—Conditions precedent—Reasons for belief—Necessity of live link between material and belief—Interest allowed as deduc...

[2010] 320 ITR 561 (SC)

COMMISSIONER OF INCOME-TAX v. (1) KELVINATOR OF INDIA LTD.(C. A. Nos. 2009-2011 of 2003) (2) EICHER LTD.(C. A. No. 2520 of 2008)

Release Date: October 12, 2022

Income-tax Act, 1961, s. 147

Reassessment—Opinion and reason to believe that income has escaped assessment to be recorded—After amendment in 1989 only one condition remained, viz....

[2022] 447 ITR 455 (Jhar)

TATA CUMMINS PVT. LTD. v. UNION OF INDIA AND OTHERS

Release Date: October 11, 2022

Income-tax Act, 1961, s. 245

Refund—Adjustment of refund due to assessee against amounts due from assessee—Effect of section 245—Prior intimation to assessee mandatory—Income-tax ...

[1962] 46 ITR 649 (SC)

COMMISSIONER OF INCOME-TAX, MYSORE v. MYSORE SUGAR CO. LTD.

Release Date: October 10, 2022

Indian Income-tax Act, 1922, ss. 010(2)(xv), 010(2)(xi)

Loss—Capital loss and trading loss—Company manufacturing sugar—Advance of seedlings, fertilisers and money to sugarcane growers to be adjusted towards...

[2022] 97 ITR (Trib) (S.N.) 49 (ITAT[Pune])

DEPUTY COMMISSIONER OF INCOME-TAX v. KISHOR SHANKAR GARVE

Release Date: October 9, 2022

Income-tax Act, 1961, ss. 080A(5), 080IB(10), 154

Return of income—Revised return—Housing project—Special deduction—Condition precedent—Claim should be made in return—Claim made in original return but...

[2022] 447 ITR 444 (Kar)

PRINCIPAL COMMISSIONER OF INCOME-TAX AND ANOTHER v. ENNOBLE CONSTRUCTION

Release Date: October 8, 2022

Income-tax Act, 1961, ss. 037, 131, 260A

Business expenditure—Expenditure wholly and exclusively incurred for business—Burden of proof—Quantum and quality of evidentiary material to discharge...

[2022] 447 ITR 444 (Kar)

PRINCIPAL COMMISSIONER OF INCOME-TAX AND ANOTHER v. ENNOBLE CONSTRUCTION

Release Date: October 8, 2022

Income-tax Act, 1961, ss. 037, 131, 260A

Business expenditure—Expenditure wholly and exclusively incurred for business—Burden of proof—Quantum and quality of evidentiary material to discharge...

[2022] 97 ITR (Trib) 597 (ITAT[Del])

INCOME-TAX OFFICER v. CHETAN SETH

Release Date: October 7, 2022

Income-tax Act, 1961, ss. 002(22)(e), 271(1)(c)

Penalty—Concealment of income or furnishing inaccurate particulars of income—Assessee, a shareholder in two companies—Deemed dividend—Deemed dividend ...

[2022] 445 ITR 468 (Kar)

PRINCIPAL COMMISSIONER OF INCOME-TAX AND ANOTHER v. MPHASIS SOFTWARE AND SERVICES (INDIA) PVT. LTD.

Release Date: October 6, 2022

Income-tax Act, 1961, s. 154 ; Income-tax Rules, 1962, s. 008D

Rectification of mistake—Disallowance of expenditure in relation to income not forming part of total income—Condition precedent—Recording of satisfact...

[2022] 445 ITR 474 (P&H)

ASHWANI KUMAR v. INCOME-TAX OFFICER

Release Date: October 5, 2022

Income-tax Act, 1961, ss. 057, 058

Recovery of tax—Attachment and sale of immovable property—Auction sale of immovable property—Procedure—Effect of rules 57 and 58 of Schedule II—Amount...

[2022] 97 ITR (Trib) 421 (ITAT[Del])

INCOME-TAX OFFICER v. RAMESH CHAND

Release Date: October 4, 2022

Income-tax Act, 1961, ss. 068, 133(6)

Undisclosed investment—Difference between stocks figures and cash position shown in statement furnished to bank and in books of account—Value enhanced...

[2022] 447 ITR 299 (Del)

PRINCIPAL COMMISSIONER OF INCOME-TAX v. FUTURE FIRST INFO. SERVICES PVT. LTD.

Release Date: October 3, 2022

Income-tax Act, 1961, ss. 037, 040(a)(ia), 197(1), 201

Business expenditure—Disallowance—Deduction of tax at source—Remuneration paid to director of assessee—Shortfall in tax deducted at source—No disallow...

[2022] 447 ITR 305 (Del)

PRINCIPAL COMMISSIONER OF INCOME-TAX v. BHADANI FINANCIERS PVT. LTD. (and connected appeals)

Release Date: October 2, 2022

Income-tax Act, 1961, ss. 068, 069, 132, 153A, 254, 260A

Search and seizure—Assessment under section 153A—Cash credits—Unexplained expenses—Assessments completed and final as on date of search—No incriminati...

[2022] 97 ITR (Trib) (S.N.) 28 (ITAT[Pune])

BHUPENDRA K. PATHAK v. INCOME-TAX OFFICER

Release Date: October 1, 2022

Income-tax Act, 1961, ss. 143(2), 147, 148, 292BB

Reassessment—Jurisdiction—Condition precedent—Issuance of notice under section143(2)after filing of return by assessee—Failure to issue such notice—Re...

[2022] 97 ITR (Trib) 245 (ITAT[Hyd])

ASSISTANT COMMISSIONER OF INCOME-TAX v. ABIR INFRASTRUCTURE PVT. LTD.

Release Date: September 30, 2022

Income-tax Act, 1961, ss. 147, 148

Reassessment—Notice—Validity—Notice after four years—Condition precedent for reopening assessment—No allegation in reasons recorded for notice of fail...

[2022] 97 ITR (Trib) 149 (ITAT[Chand])

SMT. JAGMOHAN KAUR BAJWA (legal heir of Lt. Jaskiran Singh Bajwa) v. INCOME-TAX OFFICER

Release Date: September 29, 2022

Income-tax Act, 1961, s. 069A

Unexplained money—Burden of proof—Transfer of money from relatives—Entries recorded in books of account maintained by assessee and explanation relatin...

[2022] 97 ITR (Trib) 129 (ITAT[Amrit])

H. R. INTERNATIONAL v. PRINCIPAL COMMISSIONER OF INCOME-TAX

Release Date: September 28, 2022

Income-tax Act, 1961, ss. 040(b)(v), 263

Revision—Erroneous and prejudicial to Revenue—Business expenditure—Disallowance—Firm—Remuneration to partners—Specific salary quantified in partnershi...

[2022] 97 ITR (Trib) 210 (ITAT[Del])

ASTRAL PROPERTIES AND CONSTRUCTIONS PVT. LTD. v. INCOME-TAX OFFICER

Release Date: September 27, 2022

Income-tax Act, 1961, ss. 069, 147, 148

Reassessment—Notice—Validity—Return of income not filed for year in question—Assessee admitting it had made investment in company—Assessing Officer re...

[2022] 97 ITR (Trib) (S.N.) 17 (ITAT[Chen])

ASSISTANT COMMISSIONER OF INCOME-TAX v. VENDHAR MOVIES

Release Date: September 26, 2022

Income-tax Act, 1961, s. 069C

Search and seizure—Undisclosed income—Undisclosed income declared during search credited to profit and loss account—Expenditure claimed to have been i...

[2022] 97 ITR (Trib) (S.N.) 12 (ITAT[Ahm])

CHIRAI SALT (INDIA) PVT. LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX

Release Date: September 25, 2022

Income from undisclosed sources—Undervaluation of stock—Opening stock of raw material valued at lower average rate than that admitted during survey, w...

[2022] 445 ITR 300 (Guj)

ORIENTAL INSURANCE CO. LTD. v. CHIEF COMMISSIONER OF INCOME-TAX (TDS)

Release Date: September 24, 2022

Income-tax Act, 1961, s. 194A

Deduction of tax at source—Interest—Interest awarded by Motor Accidents’ Tribunal under Motor Vehicles Act—Not income—Tax not deductible at source on ...

[2022] 98 ITR (Trib) 505 (ITAT[Mum])

R. S. DIAMONDS INDIA P. LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX

Release Date: September 23, 2022

Income-tax Act, 1961, s. 068

Cash credits—Burden of proof—Assessee trading in diamonds—Deposit of cash during demonetisation period—Cash balance available in books of account incl...

[2022] 447 ITR 92 (Del)

PRINCIPAL COMMISSIONER OF INCOME-TAX v. ELEL HOTELS AND INVESTMENTS LTD.

Release Date: September 22, 2022

Income-tax Act, 1961, s. 037

Business expenditure—Compensation—Capital or revenue expenditure—Assessee owner of hotel managed by third party under agreement—Compensation paid towa...

[2022] 96 ITR (Trib) (S.N.) 62 (ITAT[Del])

1. UNIFIED INFRASTRUCTURE PVT. LTD. (I. T. A. No. 1917/Delhi/2015) 2. UNIFIED DEVELOPERS PVT. LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX

Release Date: September 21, 2022

Income-tax Act, 1961, ss. 143(1), 143(2), 153A(1)

Search and seizure—Assessment in search cases—No notice issued on original return filed by assessee for assessment year up to period laid down for mak...

[2022] 445 ITR 296 (Mad)

G. RAVISANKAR v. INCOME-TAX OFFICER

Release Date: September 20, 2022

Income-tax Act, 1961, s. 148A(b)

Reassessment—Notice—Validity—Effect of section 148A(b)—Assessee must be given a minimum of seven days to reply to notice—Minimum period not given—Noti...

[2022] 445 ITR 220 (Mad)

K. M. MAMMEN v. DEPUTY COMMISSIONER OF INCOME-TAX

Release Date: September 19, 2022

Income-tax Act, 1961, ss. 250(6), 273A, 276(1), 277, 279(1A)

Offences and prosecution—Wilful evasion of tax—Limitation for filing criminal complaint—Concealment of income in foreign bank—Economic offence—No limi...

[2022] 97 ITR (Trib) (S.N.) 7 (ITAT[Kolk])

JOINT COMMISSIONER OF INCOME-TAX (OSD) v. ADITYA KUMAR SINGHANIA

Release Date: September 18, 2022

Income-tax Act, 1961, s. 010(2A)

Exemption—Profits from partnership—Assessee a partner of limited liability partnership—Assessee an expert in field of investments in shares and securi...

[2022] 445 ITR 27 (Bom)

RENAISSANCE SERVICES BV v. DEPUTY COMMISSIONER OF INCOME-TAX (INTERNATIONAL TAXATION) AND ANOTHER

Release Date: September 17, 2022

Income-tax Act, 1961, s. 144C

Assessment—Draft assessment order—Limitation—Effect of Circular No. 8 of 2021[1]and Notification No. 74 of 2021[2]—Circular and notification do not ex...

[2022] 445 ITR 110 (Bom)

DINESH VAZIRANI v. PRINCIPAL COMMISSIONER OF INCOME-TAX AND ANOTHER

Release Date: September 16, 2022

Income-tax Act, 1961, ss. 045, 048, 240, 264

Capital gains—Full value of consideration—Deductions—Consideration on sale of shares including sum held in escrow account offered to tax—Assessee rece...

[2022] 445 ITR 17 (Mad)

1. MRS. NOORJAHAN (Crl. O. P. No. 2616 of 2020) 2. AMK SOLUTIONS PRIVATE LTD. AND ANOTHER (Crl. O. P. No. 2781 of 2020) v. DEPUTY COMMISSIONER OF INCOME-TAX

Release Date: September 15, 2022

Income-tax Act, 1961, ss. 276C, 278E

Offences and prosecution—Wilful attempt to evade tax—Presumption of culpable mental state under section 278E—Self-assessment return filed—Delay in pay...

[2022] 98 ITR (Trib) 459 (ITAT[Ahm])

RAJVEE TRACTORS PVT. LTD. v. ASSISTANT COMMISSIONER OF INCOME-TAX

Release Date: September 14, 2022

Income-tax Act, 1961, ss. 050C, 133A

Income-tax survey—Capital gains—Sale of land disclosed in return—Survey operation at buyer’s premises—Draft sale deed found showing different sale con...

[2022] 445 ITR 1 (Del)

MEENU CHAUFLA v. INCOME-TAX OFFICER

Release Date: September 13, 2022

Income-tax Act, 1961, ss. 148, 148A(b), 148A(c), 148A(d)

Reassessment—Notice—Show-cause notice issued—Assessee requesting for extension of time for submission of reply—Duty of Assessing Officer—Order passed ...

[2022] 98 ITR (Trib) 331 (ITAT[Del])

JEET SINGH v. INCOME-TAX OFFICER

Release Date: September 12, 2022

Income-tax Act, 1961, ss. 147, 148

Reassessment—Validity—Assessing Officer not making any addition on ground for which assessment was reopened, but making addition on another ground—Rea...

[2022] 98 ITR (Trib) 345 (ITAT[Raipur])

ASSISTANT COMMISSIONER OF INCOME-TAX v. PRAVEEN SUSHIL KANDA

Release Date: September 11, 2022

Income-tax Act, 1961, ss. 035(1)(ii), 040A(2)(b)

Scientific research expenditure—Deduction—Approval of institution—Donation made to institution for scientific research—Withdrawal of approval granted ...

[2022] 98 ITR (Trib) 356 (ITAT[Jai])

DISTRICT PROJECT OFFICER v. INCOME-TAX OFFICER (TDS)

Release Date: September 10, 2022

Income-tax Act, 1961, ss. 194C, 194J, 201(1), 201(1A)

Deduction of tax at source—Payments to contractors—Failure to deduct—Assessee entering into contract for supply and installation of solar photovoltaic...

[2022] 446 ITR 748 (Bom)

ALOK KNIT EXPORTS LTD. v. DEPUTY COMMISSIONER OF INCOME-TAX AND OTHERS

Release Date: September 9, 2022

Income-tax Act, 1961, ss. 147, 148, 292B

Reassessment—Notice—Removal of defects—Amalgamation of companies—Department having knowledge of amalgamation before issuing notice—Amalgamating compan...

[2022] 446 ITR 563 (All)

G. P. ENGINEERING WORKS KACHHWA AND OTHERS v. UNION OF INDIA AND OTHERS

Release Date: September 8, 2022

Income-tax Act, 1961, ss. 276C, 277, 278B, 279(2)

Company—Offences and prosecution—Wilful attempt to evade tax—Application for compounding of offences—Limitation—Show-cause notice issued for rejection...

[2022] 96 ITR (Trib) (S.N.) 39 (ITAT[Pune])

ASSISTANT COMMISSIONER OF INCOME-TAX v. RAJMAL MANIKCHAND AND CO.

Release Date: September 7, 2022

Closing stock—Valuation—Jewellery business—“Last in first out” system of accounting—Last purchase made first sold—Assessee consistently valuing its st...

[2022] 96 ITR (Trib) (S.N.) 34 (ITAT[Chen])

CARMEL SOFTECH PVT. LTD. v. INCOME-TAX OFFICER

Release Date: September 6, 2022

Income-tax Act, 1961, s. 040A(2)(b)

Business expenditure—Disallowance—Excessive and unreasonable payments—Remuneration of directors of private company—Assessing Officer not carrying out ...

[2022] 96 ITR (Trib) (S.N.) 3 (ITAT[Pune])

JAYAWANT GAJANAN SUTAR v. INCOME-TAX OFFICER

Release Date: September 5, 2022

Income-tax Act, 1961, s. 054

Precedent—High Court—Difference of opinion among High Courts—Tribunal bound by view of jurisdictional High Court....

[2022] 96 ITR (Trib) (S.N.) 51 (ITAT[Raipur])

VISION MINES AND MINERALS PVT. LTD. v. INCOME-TAX OFFICER

Release Date: September 3, 2022

Income-tax Act, 1961, s. 068

Cash credit—Share application moneys—Amount credited in assessee’s bank account and credit shown in books of account of assessee in previous year rele...

[2022] 444 ITR 60 (Telangana)

THRISSUR EXPRESSWAY LTD. v. INCOME-TAX OFFICER AND OTHERS

Release Date: September 2, 2022

Income-tax Act, 1961, ss. 143(3), 144B, 156, 220(6), 246A

Recovery of tax—Stay of recovery—Appeal to Commissioner (Appeals)—Application for stay of demand rejected by Assessing Officer on ground that assessee...

[2022] 444 ITR 65 (Bom)

FARMACIA MOLIO v. INCOME-TAX OFFICER AND ANOTHER

Release Date: September 1, 2022

Income-tax Act, 1961, ss. 068, 139, 147, 148 ; Constitution of india, s. 226

Reassessment—Notice—Reason to believe that income has escaped assessment—Failure to file return of income by assessee—Cash deposits made in bank under...

[2022] 96 ITR (Trib) 318 (ITAT[Luck])

DEPUTY COMMISSIONER OF INCOME-TAX v. 1. SIGMA CASTINGS LTD. (M. A. Nos. 1 to 5/Lkw/2021) 2. PARAS CASTINGS AND ALLOYS (P.) LTD. (M. A. Nos. 6 to 8/Lkw/2021) 3. KUNDAN CASTINGS (P.) LTD. (M. A. Nos. 9 to 12/Lkw/2021)

Release Date: August 31, 2022

Income-tax Act, 1961, s. 254(2)

Appeal to Appellate Tribunal—Delay in filing appeal—Due to pandemic situation Supreme Court excluding period from 15-3-2020 till 28-2-2022 for purpose...

[2022] 96 ITR (Trib) (S.N.) 21 (ITAT[Amrit])

GUNWANT KAUR v. COMMISSIONER OF INCOME-TAX

Release Date: August 30, 2022

Income-tax Act, 1961, ss. 056(2)(viii), 057(iv), 143(2)

Assessment—Notice—Validity—Notice issued by Assessing Officer by e-mail and affixture on same date—Notice served through e-mail taken as delivered on ...

[2023] 106 ITR (Trib) 356 (ITAT[Amrit])

G. G. Continental Trades P. Ltd. v. Dy. CIT (ITAT[Amrit])

Release Date: September 12, 2023

Income-tax Act, 1961, s. 002(22)(e)

Company—Deemed dividend—Unsecured loan—Assessee regularly receiving and providing funds to group concern—Payments provided due to business exigencies...

[2023] 457 ITR 150 (Bom)

Prakash B. Kamat v. Pr. CIT (Bom)

Release Date: September 11, 2023

Income-tax Act, 1961, ss. 179, 264

Recovery of tax—Burden of proof—Revision order—Recovery of tax from directors of company—Conditions precedent—Tax not recoverable from company and non...

[2023] 106 ITR (Trib) 373 (ITAT[Jai])

Lalit Kumar Kalwar v. ITO (ITAT[Jai])

Release Date: September 10, 2023

Income-tax Act, 1961, ss. 048, 050C, 054F(1)

Capital gains—Exemption—Investment of net consideration in construction of house—“Full value of consideration”—Meaning of—Application of stamp duty va...