[2024] 462 ITR 75 (Tel)

Pr. CIT v. Hyundai Motor India Engg. P. Ltd. (Telangana)

Release Date: June 22, 2024

Section(s): Income-tax Act, 1961, ss. 144C, 156

Assessment—Draft assessment order—Enclosure of notices of demand and penalty with draft assessment order—Demand can be raised only after completion of...

[2024] 111 ITR (Trib) (S.N.) 71 (ITAT[Kolk])

Tega Industries Ltd. v. A. U., ITD, NFAC/Dy. CIT (ITAT[Kolk])

Release Date: June 21, 2024

Section(s): Income-tax Act, 1961, s. 092B

International transactions—Definition—Corporate guarantee—Transactions of corporate guarantee with associated enterprise are international transaction...

[2024] 111 ITR (Trib) (S.N.) 66 (ITAT[Bang])

UBMC Trust Association v. ITO (E) (ITAT[Bang])

Release Date: June 20, 2024

Section(s): Income-tax Act, 1961, ss. 139(1), 139(5), 142(1), 143(2), 147, 148

Appeal to Appellate Tribunal—Limitation—Delay in filing—Condonation of delay—Delay in collecting various documents—No mala fide intention—Sufficient c...

[2024] 111 ITR (Trib) 231 (ITAT[Kolk])

Apeejay P. Ltd. v. Dy. CIT (ITAT[Kolk])

Release Date: June 19, 2024

Section(s): Income-tax Act, 1961, ss. 002(22)(e), 002(24)(x), 014A, 036(1)(va), 043B ; Income-tax Rules, 1962, s. 008D

Income—Disallowance of expenditure in relation to exempt income—Finding that assessee’s interest-free funds were about 9 times investment in equity sh...

[2024] 111 ITR (Trib) 199 (ITAT[Jai])

Raj Auto Wheels P. Ltd. v. Asst. CIT (No. 1) (ITAT[Jai])

Release Date: June 18, 2024

Business expenditure—Prior period expenses—Liability crystallising during current year—No evidence placed on record—Disallowance proper—Income-tax Act...

[2024] 111 ITR (Trib) (S.N.) 47 (ITAT[Ahm])

Gujarat Infrapipes P. Ltd. v. Dy. CIT (ITAT[Ahm])

Release Date: June 17, 2024

Section(s): Income-tax Act, 1961, ss. 032, 036(1)(iii), 043B, 047(iii), 050C

Income-tax—Business expenditure—Deduction only on actual payment—Late payment of employees’ contribution to provident fund—Held disallowance justified...

[2024] 111 ITR (Trib) (S.N.) 38 (Mum)

American Chemical Society v. Dy. CIT (IT) (ITAT[Mum])

Release Date: June 16, 2024

Section(s): Income-tax Act, 1961, s. 009(1)(vi) ; Double Taxation Avoidance Agreement between India and the United States of America, s. 012(3)

Non-resident—Taxability in India—Royalty—Receipts from Indian customers for subscription access to online journals—Subscribers merely granted access t...

[2024] 111 ITR (Trib) 138 (ITAT[Chand])

Fashion Zone v. Jt. CIT (ITAT[Chand])

Release Date: June 15, 2024

Section(s): Income-tax Act, 1961, ss. 068, 115BBE

Cash credits—Deposit of cash during demonetisation period—Source of cash deposits claimed to be from cash sales—Cash sales subject to value added tax ...

[2024] 111 ITR (Trib) 46 (ITAT[Chand])

A. P. Knit Fab v. Dy. CIT (ITAT[Chand])

Release Date: June 14, 2024

[2024] 111 ITR (Trib)Section(s): Income-tax Act, 1961, ss. 069B, 115BBE46 (ITAT[Chand])

Income—Unexplained investment—Excess stock found at premises of assessee—Clear nexus between excess stock and stock regularly dealt in—Nature and sour...

[2024] 111 ITR (Trib) (S.N.) 7 (Mum)

Dy. CIT v. Creations by Shanagar (ITAT[Mum])

Release Date: June 13, 2024

Business expenditure—Disallowance—Payments liable to deduction of tax at source—Commission paid to non-resident agents—Export orders procured from for...

[2024] 111 ITR (Trib) (S.N.) 12 (Raipur)

Neeraj Camellia P. Ltd. v. Dy. CIT (ITAT[Raipur])

Release Date: June 12, 2024

Section(s): Income-tax Act, 1961, s. 145(3)

Accounts—Books of account—Rejection—Condition precedent—Satisfaction of Assessing Officer that accounts of assessee incorrect and incomplete or failur...

[2024] 111 ITR (Trib) (S.N.) 15 (Mum)

Anjali Neeraj Hardikar v. NFAC (ITAT[Mum])

Release Date: June 11, 2024

Section(s): Income-tax Act, 1961, ss. 080GGC, 271(1)(c)

Penalty—Furnishing inaccurate particulars of income—That issue had been decided against assessee in quantum proceedings alone not sufficient for initi...

[2024] 462 ITR 33 (Del)

Gudwala and Sons v. Asst. CIT (Del)

Release Date: June 10, 2024

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

Reassessment—Notice—New procedure—Commencement of proceedings under section148A—Evidence of sanction for such commencement must be furnished to assess...

[2024] 462 ITR 4 (Raj)

Chambal Fer. & Chem. Ltd. v. Office of Pr. CIT (Raj)

Release Date: June 9, 2024

Section(s): Income-tax Act, 1961, ss. 270A, 270AA

Penalty—Concealment of income—Immunity from penalty—Effect of sections270Aand270AA—Application for immunity—Assessee must be given opportunity to be h...

[2024] 110 ITR (Trib) 530 (ITAT[Bang])

Yashaswi Fish Meal & Oil Co. v. Dy. CIT (ITAT[Bang])

Release Date: June 8, 2024

Section(s): Income-tax Act, 1961, ss. 131, 133A, 147, 148

Reassessment—Reason to believe—Income escaping assessment—Admission of assessee during survey of bogus purchases—Prima facie material to suggest incom...

[2024] 110 ITR (Trib) 516 (ITAT[Jai])

Dy. CIT/CPC/ITO v. Suman Solanki (ITAT[Jai])

Release Date: June 7, 2024

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

Appeal to Appellate Tribunal—Rectification of mistake—Condition precedent—Mistake apparent from record—Order passed in accordance with prevailing inte...

[2024] 110 ITR (Trib) 283 (ITAT[Mum])

Asst. CIT v. Erisse Investments Ltd. (ITAT[Mum])

Release Date: June 6, 2024

Section(s): Income-tax Act, 1961, ss. 143(3), 144C(1), 153(1)

Assessment—Limitation—Eligible assessee—No variation of returned income prejudicial to interest of assessee but only in rate of tax—Assessing Officer ...

[2024] 110 ITR (Trib) 677 (ITAT[Jai])

Sourabh Sharma v. Pr. CIT (ITAT[Jai])

Release Date: June 5, 2024

Section(s): Income-tax Act, 1961, s. 263

Revision—Erroneous and prejudicial to interests of Revenue—Discrepancy noted in sales promotion expenses and clarified by assessee—Assessing Officer t...

[2024] 110 ITR (Trib) 670 (ITAT[Del])

Urvashi Narain v. ITO (IT) (ITAT[Del])

Release Date: June 4, 2024

Section(s): Income-tax Act, 1961, ss. 143(3), 144C(1), 144C(13)

Assessment—Validity—Assessee’s case selected for scrutiny and final assessment completed—Draft assessment order passed thereafter saying final assessm...

[2004] 270 ITR 572 (AP)

Commissioner of Income-tax v. Smt. Nayana P. Dedhia (AP)

Release Date: June 3, 2024

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

Assessment—Circulars—Guidelines for assessment in circular—Binding on income-tax authorities—Circular stating that returns would not be taken for deta...

[2024] 118 ITR (Trib) 614 (ITAT[Mum])

Mondelez India Foods P. Ltd. v. Addl. CIT (ITAT[Mum])

Release Date: June 2, 2024

Section(s): Income-tax Act, 1961, ss. 092CA(3A), 119, 144C, 153, 254 ; Income-tax (Appellate Tribunal) Rules, 1963, s. 011

Appeal to Appellate Tribunal—Powers of Tribunal—Power to admit additional ground—Additional grounds legal and assailing validity of assessment—No furt...

[2024] 110 ITR (Trib) 609 (ITAT[Mum])

Reuters Asia Pacific Ltd. v. Dy. CIT (ITAT[Mum])

Release Date: June 1, 2024

Section(s): Income-tax Act, 1961, ss. 143(3), 282, 282A, 292B, 292BB

Assessment—Validity—Order not bearing signature of Assessing Officer—Not a procedural flaw that can be cured subsequently—Order invalid—Income-tax Act...

[2024] 110 ITR (Trib) 724 (ITAT[Del])

Asst. CIT v. Godaddy.com LLC, USA (ITAT[Del])

Release Date: May 31, 2024

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

Penalty—Concealment of income—Domain registration fees whether royalty—Questions of law admitted by High Court—Matter not settled—Penalty not leviable...

[2024] 110 ITR (Trib) 439 (ITAT[Chand])

Lachhman Dass Bansal v. Dy. CIT (ITAT[Chand])

Release Date: May 30, 2024

Section(s): Income-tax Act, 1961, ss. 069, 069A, 131, 133A

Cash credits—Unexplained advances—Cash and stock discrepancies between books of account and those in hand noticed during survey—Retraction of admissio...

[2024] 110 ITR (Trib) 266 (ITAT[Kolk])

Iris Clothings Ltd. v. Dy. CIT (ITAT[Kolk])

Release Date: May 29, 2024

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

Cash credits—Burden of proof—Unsecured loans—Assessee filing copies of Income-tax return acknowledgments, master-data of lenders, audited financial st...

[2024] 110 ITR (Trib) 329 (ITAT[Kolk])

Ravi Badalia v. Dy./Asst. CIT (ITAT[Kolk])

Release Date: May 28, 2024

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

Search and seizure—Assessment in search cases—Assessment of third person—Unabated assessment—No incriminating material found during search at resident...

[2024] 110 ITR (Trib) 393 (ITAT[Kolk])

Onkar Society for Engg. & Tech. Research v. ITO (ITAT[Kolk])

Release Date: May 27, 2024

Section(s): Income-tax Act, 1961, ss. 011, 012AA, 143(1)(a)

Appeal to Appellate Tribunal—Power to admit additional ground—All facts qua additional ground available on record and no further verification of facts...

[2024] 110 ITR (Trib) (S.N.) 69 (Del)

Microsoft Corpn. (I) P. Ltd. v. Dy. CIT (ITAT[Del])

Release Date: May 26, 2024

Section(s): Income-tax Act, 1961, ss. 130, 144B, 144C(13)

Assessment—Faceless assessment—Limitation—Eligible assessee—Time-limit for passing final order pursuant to directions of Dispute Resolution Panel—Date...

[2024] 110 ITR (Trib) 161 (ITAT[Chand])

Khanna Infrabuild P. Ltd. v. Dy. CIT (ITAT[Chand])

Release Date: May 25, 2024

Section(s): Income-tax Act, 1961, ss. 069, 143(2), 143(3), 153A

Search and seizure—Assessment in search cases—Cost of construction of hotel building—Original assessment completed and not abated on date of search—No...

[2024] 110 ITR (Trib) (S.N.) 68 (Mum)

S. Sagar Enterprise v. Dy. CIT (ITAT[Mum])

Release Date: May 24, 2024

Section(s): Income-tax Act, 1961, ss. 253(6)(d), 271(1)(c)

Penalty—Concealment of income or inaccurate furnishing of particulars thereof—Notice and penalty order not spelling out which limb of section attracte...

[2024] 110 ITR (Trib) (S.N.) 39 (Ahm)

Babubhai Ramanbhai Patel v. Dy. CIT (ITAT[Ahm])

Release Date: May 23, 2024

Section(s): Income-tax Act, 1961, ss. 250(4), 250(6)

Appeal—Appeal to Commissioner (Appeals)—Ex parte order—Duty of Commissioner (Appeals) to decide merits of each point arising in appeal—Dates of hearin...

[2024] 110 ITR (Trib) (S.N.) 33 (Kolk)

Rameshwar Shaw v. ITO (ITAT[Kolk])

Release Date: May 22, 2024

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

Income from undisclosed sources—Sundry creditors—Assessee not registered under value added tax and sales tax laws and no enquiry or negative comment r...

[2024] 110 ITR (Trib) (S.N.) 37 (Ahm)

Hyfun Frozen Foods P. Ltd. v. ITO (ITAT[Ahm])

Release Date: May 21, 2024

Section(s): Income-tax Act, 1961, s. 069

Unexplained investments—Land purchased by assessee earlier through sale deed and payment therefor made subsequently—Business relationship between asse...

[2024] 110 ITR (Trib) 298 (ITAT[Mum])

Farzad Sheriar Jehani v. ITO (ITAT[Mum])

Release Date: May 20, 2024

Section(s): Income-tax Act, 1961, ss. 010(38), 068, 069C

Cash credits—Unexplained investments—Long-term capital gains from sale of shares alleged to be of penny stock—Scrip discredited by investigation repor...

[2024] 110 ITR (Trib) (S.N.) 27 (Chen)

Smt. Nirmala Venkatapathy v. ITO (ITAT[Chen])

Release Date: May 19, 2024

Section(s): Income-tax Act, 1961, s. 055A(a)

Capital gains—Computation—Cost of acquisition—Value as on 1-4-1981—Reference to Valuation Officer—Amendment with effect from 1-7-2012—Substitution of ...

[2024] 110 ITR (Trib) (S.N.) 31 (Chen)

Nammalvar Lingusamy v. Addl. CIT (ITAT[Chen])

Release Date: May 18, 2024

Section(s): Income-tax Act, 1961, ss. 269SS, 271D, 274

Penalty—Receipt of consideration for sale of immovable property in cash—Registered document duly signed by vendor and purchaser, clearly showing recei...

[2024] 461 ITR 423 (Mad)

Jain Metal Rolling Mills v. Union of India (Mad)

Release Date: May 17, 2024

Section(s): Income-tax Act, 1961, s. 245C ; Constitution of India, s. 266

Settlement of case—Application for settlement—Case pending—Definition—Settlement Commission inoperative with effect from 1-2-2021—Establishment of Int...

[2024] 461 ITR 382 (Ori)

CIT (Exemptions) v. Orissa Cricket Association (Ori)

Release Date: May 16, 2024

Section(s): Income-tax Act, 1961, ss. 012AA, 013(1)(c), 132, 133A

Charitable purpose—Registration—Application for—Satisfaction of Commissioner (Exemption) as to objects of trust—Survey and search and seizure operatio...

[2024] 461 ITR 390 (Bom)

Prabhat Properties Pvt. Ltd. v. Asst. CIT (Bom)

Release Date: May 15, 2024

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

Reassessment—Notice after four years—Validity—Change of opinion—No failure on part of assessee to disclose material facts—Notice based on internal inf...

[2024] 461 ITR 368 (Del)

Raminder Singh v. Asst. CIT (Del)

Release Date: May 14, 2024

Section(s): Income-tax Act, 1961, ss. 148, 148A, 149(1)

Reassessment—Notice—Validity—Notice for reassessment—Limitation—Effect of proviso 6 to section149—Initial notice giving reasons—Notice issued within p...

[2024] 110 ITR (Trib) (S.N.) 21 (Ahm)

Madhya Gujarat Vij Co. Ltd. v. Pr. CIT (ITAT[Ahm])

Release Date: May 13, 2024

Section(s): Income-tax Act, 1961, s. 263

Revision—Erroneous and prejudicial to Revenue—Finding of Principal Commissioner that he was satisfied with explanation of assessee regarding irregular...

[2024] 461 ITR 339 (SC)

Asst. CIT v. Sabh Infrastructure Ltd. (SC)

Release Date: May 12, 2024

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

Reassessment—Notice after four years—No new information with Assessing Officer to form belief that income had escaped assessment—Reasons recorded for ...

[2024] 109 ITR (Trib) 554 (ITAT[Del])

Brahmaputra Infrastructure Ltd. v. Dy. CIT (ITAT[Del])

Release Date: May 11, 2024

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

Business expenditure—Purchases related to infrastructure project—Assessee filing taxpayer identification number of vendors—Failure to file permanent a...

[2024] 110 ITR (Trib) (S.N.) 14 (Rajkot)

Pradipbhai Dayabhai Aghara v. ITO (ITAT[Rajkot])

Release Date: May 10, 2024

Section(s): Income-tax Act, 1961, ss. 044AA, 044AB, 139(1), 271A, 271B

Penalty—Failure to get accounts audited in time—Facts showing assessee failed to write up accounts before due date for filing return—Offence of not ma...

[2024] 461 ITR 341 (Bom)

Indian Hume Pipe Co. Ltd. v. CIT (Bom)

Release Date: May 9, 2024

Section(s): Income-tax Act, 1961, s. 037

Business expenditure—Commission—Discretion of Assessing Officer to consider whether payment for purposes of business reasonable—Reasonableness to be c...

[2024] 461 ITR 159 (SC)

Mangalam Publications v. CIT (SC)

Release Date: May 8, 2024

Section(s): Income-tax Act, 1961, ss. 139(9)(f), 145(1), 147, 148, 149(1)(b)(iii)

Reassessment—Notice after four years—Reason to believe income had escaped assessment—Books of account and other documents seized by Department during ...

[2024] 110 ITR (Trib) (S.N.) 5 (Pune)

Akshay Rangroji Umale v. Dy. CIT (ITAT[Pune])

Release Date: May 7, 2024

Section(s): Income-tax Act, 1961, ss. 006, 090, 139(1), 139(4) ; Income-tax Rules, 1962, s. 128

Double taxation avoidance—Foreign tax credit—Assessee, a resident—Contention that since DTAA does not prescribe filing requirement for foreign tax cre...

[2024] 461 ITR 210 (Guj)

Adani Power Rajasthan Ltd. v. Asst. CIT (Guj)

Release Date: May 6, 2024

Section(s): Income-tax Act, 1961, ss. 037(1), 002, 143(3), 147, 148; Section(s): Companies Act, 2013, s. 135 ; Constitution of India, s. 226

Reassessment—Notice—Notice issued on basis of audit objection—Reassessment to disallow corporate social responsibility expenditure—Average net loss du...

[2024] 109 ITR (Trib) 439 (ITAT[Del])

Rajiv Ghai v. Asst. CIT (ITAT[Del])

Release Date: May 5, 2024

Section(s): Income-tax Act, 1961, s. 054F

Capital gains—Cost of acquisition—Cost of improvement—Assessee claiming indexed cost of acquisition—Assessing Officer failed to prove inaccuracies in ...

[2024] 109 ITR (Trib) 492 (ITAT[Chand])

Dy. CIT v. A. P. Knit Fab (ITAT[Chand])

Release Date: May 4, 2024

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

Appeal to Appellate Tribunal—Monetary limits for appeals by Department—Exception where Board’s order, notification, instruction or circular held illeg...

[2024] 461 ITR 92 (All)

Pr. CIT v. PNC Infratech Ltd. (All)

Release Date: May 3, 2024

Section(s): Income-tax Act, 1961, ss. 069, 132

Search and seizure—Unexplained money—Burden of proof—Share capital—Investments in share capital through banking channels—Addition made based on unprov...

[2024] 109 ITR (Trib) (S.N.) 81 (ITAT[Kolk])

Venerable Advertising P. Ltd. v. Pr. CIT (ITAT[Kolk])

Release Date: May 2, 2024

Section(s): Income-tax Act, 1961, s. 263

Revision—Powers of Commissioner—Principal Commissioner himself making adequate enquiries and assessee filing requisite details and documents—Principal...

[2024] 461 ITR 113 (Cal)

Dinesh Kumar Goyal, HUF v. ITO (No. 2) (Cal)

Release Date: May 1, 2024

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

Deduction of tax at source—Commission—Effect of Circular No. 5 of 2016[1]—Payment by television channels or newspapers to advertising agency for procu...

[2024] 109 ITR (Trib) (S.N.) 71 (ITAT[Del])

Zheng Yuan Mobiles P. Ltd. v. Dy. CIT (ITAT[Del])

Release Date: April 30, 2024

Section(s): Income-tax Act, 1961, s. 037

Business expenditure—Expenses on establishment, conveyance, guest house, maintenance, mobile and internet, travelling, show room and staff welfare—No ...

[2024] 109 ITR (Trib) (S.N.) 61 (ITAT[Ahm])

ITO v. Shubh Developers (ITAT[Ahm])

Release Date: April 29, 2024

Section(s): Income-tax Act, 1961, s. 133A

Income-tax survey—Statement recorded during course of survey not given evidentiary value—Entire addition based on statement recorded during survey—Not...

[2024] 461 ITR 59 (Cal)

GSP Piling Constructions v. Asst. CIT (No. 2) (Cal)

Release Date: April 28, 2024

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

Reassessment—New procedure—Initial notice—Order for issue of notice—Authorities to record reasons to confirm proposal in show-cause notice—Notice issu...

[2024] 461 ITR 18 (Guj)

Nitin Mavji Vekariya v. ITO (Guj)

Release Date: April 27, 2024

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

Reassessment—Notice—Validity—Source of investments coming from non-resident external accounts beyond reach of authorities—No tangible material for bel...

[2024] 109 ITR (Trib) 377 (ITAT[Chand])

Jaswinder Singh v. Dy. CIT (ITAT[Chand])

Release Date: April 26, 2024

Section(s): Income-tax Act, 1961, ss. 069, 069A, 115BBE, 131, 133A

Unexplained investment—Condition precedent—Cash and stocks discrepancies noticed during survey between books of account and those in hand—Difference b...

[2024] 109 ITR (Trib) 373 (ITAT[Del])

Ms. Sarita Gupta v. Pr. CIT (ITAT[Del])

Release Date: April 25, 2024

Section(s): Income-tax Act, 1961, ss. 054(1), 263

Revision—Erroneous and prejudicial to Revenue—Capital gains—Long-term capital gains—Exemption—Purchase or construction of new residential property in ...

[2024] 460 ITR 532 (Del)

Pr. CIT v. Dart Infrabuild Pvt. Ltd. (Del)

Release Date: April 24, 2024

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

Reassessment—Notice—Effect of section 292BB—Assessee intimating change of address—Notice sent to old address—Return of income for subsequent assessmen...

[2024] 109 ITR (Trib) 517 (ITAT[Mum])

ITO v. Vikunj Enterprises P. Ltd. (ITAT[Mum])

Release Date: April 23, 2024

Section(s): Income-tax Act, 1961, ss. 139(1), 139(5)

Return of income—Revised return—Original return filed belatedly—Revised return filed on following day correcting punching error—Revised computation of...

[2024] 109 ITR (Trib) (S.N.) 56 (ITAT[Hyd])

S & P Capital IQ (India) P. Ltd. v. Asst. CIT (ITAT[Hyd])

Release Date: April 22, 2024

Section(s): Income-tax Act, 1961, ss. 002(11), 032(1), 043(1), 043(6)

Appeal—Return—Depreciation—Claim to additional depreciation made otherwise than by revised return—No bar on appellate authorities considering claim....

[2024] 109 ITR (Trib) (S.N.) 50 (ITAT[Mum])

Asst. CIT v. Nishant Kanodia (ITAT[Mum])

Release Date: April 21, 2024

Section(s): Income-tax Act, 1961, s. 006(1)

Status of assessee—Non-resident—Extended period of stay in India where assessee leaves India for purposes of “employment”—Assessee appointed as “strat...

[2024] 460 ITR 642 (Del)

Pr. CIT v. Soul Space Projects Ltd. (Del)

Release Date: April 20, 2024

Section(s): Income-tax Act, 1961, ss. 142(2A), 142(2C), 153B

Assessment—Limitation—Special audit—Appointment of special auditor extending end date for framing assessment order—Special auditor seeking extension o...

[2024] 460 ITR 673 (Del)

Prateek Chitkara v. Union of India (Del)

Release Date: April 19, 2024

Section(s): Income-tax Act, 1961, ss. 131(1A), 133A, 153A ; Section(s): Black Money (Undisclosed Foreign Income and Assets)and Imposition of Tax Act, 2015, ss. 010(1), 010(3), 041 ; Constitution of India, s. 226"

Undisclosed foreign assets—Evasion of tax—Look-out circular banning travel—Appeal against assessment order under 2015 Act pending—Deliberate concealme...

[2024] 460 ITR 664 (Cal)

Prerna Chopra v. Union of India (Cal)

Release Date: April 18, 2024

Section(s): Code of Criminal Procedure, 1973, s. 205

Undisclosed foreign income and assets—Prosecution—Personal appearance of accused—Effect of section205of Criminal Procedure Code—Discretion must be exe...

[2024] 109 ITR (Trib) (S.N.) 47 (ITAT[Del])

ITO v. J. K. Wood India P. Ltd. (ITAT[Del])

Release Date: April 17, 2024

Section(s): Income-tax Act, 1961, s. 069A

Unexplained money—Cash deposits in bank account during demonetisation period—No whisper of any defect, error or infirmity in books of account maintain...

[2024] 460 ITR 720 (Guj)

Adani Power Maharashtra Ltd. v. Asst. CIT (Guj)

Release Date: April 16, 2024

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

Reassessment—Notice—Validity—Condition precedent for notice—Belief of Assessing Officer based on tangible material that income had escaped assessment—...

[2024] 109 ITR (Trib) (S.N.) 49 (ITAT[Del])

Shyamkumar Madhavdas Chugh v. Asst. CIT (ITAT[Del])

Release Date: April 15, 2024

Section(s): Income-tax Act, 1961, s. 056(2)(vii)(b)

Income from other sources—Sale of property—Stamp value—Agreement fixing consideration for purchase of immovable property in 2010 but actual registrati...

[2024] 460 ITR 504 (All)

Ratan Industries Ltd. v. Pr. CIT (All)

Release Date: April 14, 2024

Section(s): Income-tax Act, 1961, s. 264 ; Constitution of India, s. 226

Revision—Writ—Application for revision—Powers of Commissioner—Commissioner cannot consider application where appeal lies or is pending—Prohibition doe...

[2024] 460 ITR 624 (Pat)

New India Assurance Co. Ltd. v. CIT (Pat)

Release Date: April 13, 2024

Section(s): Income-tax Act, 1961, s. 194A

Deduction of tax at source—Interest income—Exemption—Law applicable—Effect of amendment of section194A(3)(ix)with effect from 1-6-2015—Interest on com...

[2024] 109 ITR (Trib) (S.N.) 29 (ITAT[Del])

Asst. CIT v. Real Impact P. Ltd. (ITAT[Del])

Release Date: April 12, 2024

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

Business income—Remission or cessation of trading liability—Limited scrutiny—Outward foreign remittance—Confirmation of creditor from whom assessee pu...

[2024] 460 ITR 615 (Mad)

Duraiswamy Kumaraswamy v. Pr. CIT (Mad)

Release Date: April 11, 2024

Section(s): Income-tax Rules, 1962, s. 128

Assessment—Validity—Claim for foreign tax credit—Claim submitted under rule128after filing of return but before order of assessment—Form under rule128...

[2024] 460 ITR 595 (Del)

Tata Steel Ltd. v. Dy. CIT (Del)

Release Date: April 10, 2024

Section(s): Income-tax Act, 1961, ss. 143(3), 147, 148, 153A, 156, 221(1), 271(1)(c) ; Insolvency and Bankruptcy Code, 2016, ss. 031, 238

Recovery of tax—Company—Insolvency resolution—Overriding provisions of Code—Failure of Department to claim dues before approval of resolution plan for...

[2024] 460 ITR 589 (Del)

Dauphin Travel Marketing Pvt. Ltd. v. ITO (Del)

Release Date: April 9, 2024

Assessment—Validity—Order passed without giving assessee adequate opportunity to be heard—Not valid—Income-tax Act, 1961....

[2024] 460 ITR 508 (Bom)

Pico Capital Pvt. Ltd. v. Dy. CIT (Bom)

Release Date: April 8, 2024

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

Reassessment—Notice—Validity—Amalgamation of companies—Amalgamation approved by High Court—Fact of amalgamation intimated to Income-tax authorities—No...

[2024] 109 ITR (Trib) S.N 44

B. S. of the Salesian Sister India v. ITO (ITAT[Mum])

Release Date: April 7, 2024

Section(s): Income-tax Act, 1961, s. 011(1)(a)

Charitable purpose—Exemption—Application of income to charitable purposes—Nature of expenditure not relevant for deciding whether it was application o...

[2024] 460 ITR 438 (Mad)

Agni Vishnu Ventures Pvt. Ltd. v. Dy. CIT (Mad)

Release Date: April 6, 2024

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

Search and seizure—Assessment of undisclosed income of person searched and third person—Difference between sections153Aand153C—Conditions more stringe...

[2024] 460 ITR 477 (Del)

Akzo Nobel India Pvt. Ltd. v. Addl. CIT (Del)

Release Date: April 5, 2024

Section(s): Income-tax Act, 1961, ss. 092, 092C, 260A ; Income-tax Rules, 1962, ss. 010B, 010C

International transactions—Determination of arm’s length price—Transfer pricing adjustment—Concurrent findings of authorities of failure of assessee t...

[2024] 109 ITR (Trib) (S.N.) 17 (ITAT[Ahm])

Amey Pravinbhai Brahmbhatt v. ITO (ITAT[Ahm])

Release Date: April 4, 2024

Section(s): Income-tax Act, 1961, ss. 044AA, 271A

Penalty—Failure to keep and maintain books of account and documents as required—Condition precedent for levy of penalty—Finding that assessee carrying...

[2024] 109 ITR (Trib) (S.N.) 19 (ITAT[Pune])

Sharp Aluminium v. Asst. CIT (ITAT[Pune])

Release Date: April 3, 2024

Section(s): Income-tax Act, 1961, ss. 043B, 139(1), 139(4), 143(1)(a)

Business expenditure—Deduction only on actual payment—Goods and services tax—Return filed after extended time—Cannot be treated as return filed within...

[2024] 460 ITR 433 (Mad)

TVH Energy Resources Pvt. Ltd. v. Asst. CIT (Mad)

Release Date: April 2, 2024

Section(s): Income-tax Act, 1961, ss. 276C, 277

Offences and prosecution—Wilful attempt to evade tax—Effect of order in penalty proceedings—Tribunal considering facts and holding that there was no c...

[2024] 460 ITR 429 (Kar)

Doreswamaiah Sureshbabu v. NFAC (Kar)

Release Date: April 1, 2024

Section(s): Income-tax Act, 1961, s. 142

Assessment—Notice under section142(1)—Limitation—Effect of standard operating procedure—Notice giving less than seven days for reply—Barred by limitat...

[2024] 460 ITR 401 (Bom)

Undercarriage and Tractor Parts Pvt. Ltd. v. DRP (Bom)

Release Date: March 31, 2024

Section(s): Income-tax Act, 1961, s. 144C

Assessment—International transactions—Order of assessment under section144C—Jurisdiction of Dispute Resolution Panel—Dispute Resolution Panel can give...

[2024] 460 ITR 413 (P&H)

Mahavir Rice Mills v. CIT (P&H)

Release Date: March 30, 2024

Method of accounting—Books of account—Sale of rice outside books—Absence of qualitative details—Quantity of different quality of rice produced from mi...

[2024] 460 ITR 380 (Bom)

Kamal Varandmal Galani v. Pr. CIT (Bom)

Release Date: March 29, 2024

Section(s): Income-tax Act, 1961, s. 127

Transfer of case—Transfer from one Assessing Officer to another subordinate to different higher authority—Condition precedent—Agreement between two hi...

[2024] 109 ITR (Trib) (S.N.) 9 (Raipur)

Biltech Engineers P. Ltd. v. Asst. CIT (ITAT[Raipur])

Release Date: March 28, 2024

"Business loss—Real estate business—Sum advanced to commission agent for purchase of land—Land registration executed for less than half of sum advanced... "

[2024] 109 ITR (Trib) (S.N.) 4 (Kolk)

Anjaniputra Nirman P. Ltd. v. Pr. CIT (ITAT[Kolk])

Release Date: March 27, 2024

Section(s): Income-tax Act, 1961, ss. 133(6), 263

Revision—Erroneous and prejudicial to Revenue—Cash credits—Unexplained cash credits—Share capital and share premium—Assessing Officer calling for deta...

[2024] 460 ITR 341 (Del)

Pr. CIT v. Ansal Properties & Infrastructure (Del)

Release Date: March 26, 2024

Section(s): Income-tax Act, 1961, ss. 045, 047(iv)

Capital gains—Transactions not regarded as transfer—Effect of section47(iv)—Transfer of capital assets by parent company to its subsidiary—Surplus not...

[2024] 460 ITR 270 (Pat)

Chand Bihari Agarwal v. CIT (Pat)

Release Date: March 25, 2024

Section(s): Income-tax Act, 1961, ss. 143(2), 158BC, 292BB

Search and seizure—Block assessment—Procedure—Notice under section143(2)condition precedent for block assessment—Income-tax Act, 1961, ss.143(2),158BC...

[2024] 460 ITR 302 (Telangana)

Tata-Aldesa JV v. Union of India (Telangana)

Release Date: March 24, 2024

Section(s): Income-tax Act, 1961, ss. 080IA, 263, 264

Revision—Powers of Commissioner—Special deduction—Claim to deduction under section80-IAnot made in return of income and assessment order passed—Princi...

[2024] 460 ITR 232 (Mad)

CIT v. Shriram City Union Finance Ltd. (Mad)

Release Date: March 23, 2024

Section(s): Income-tax Act, 1961, s. 037 Section(s): Companies Act, 1956, s. 002(15A) ; Companies Act, 2013, s. 002(37)

Business expenditure—Capital or revenue expenditure—Royalty paid towards use of logo of company—Expenses on employees stock option plan—Tribunal holdi...

[2023] 459 ITR 773 (Del)

DLF Homes Panchkula Pvt. Ltd. v. Joint CIT (Del)

Release Date: March 22, 2024

Deduction of tax at source—Rent—Agreement with State Government for development—External development charges paid under agreement with State Governmen...

[2024] 460 ITR 66 (Mad)

Shriram Transport Finance Co. Ltd. v. ITO (Mad)

Release Date: March 21, 2024

Section(s): Income-tax Act, 1961, ss. 014A, 036, 037, 040(a), 043, 115JB

Income—Diversion of income by overriding title—Amounts transferred to statutory reserve fund—Amounts received and then transferred—No diversion of inc...

[2024] 470 ITR 374 (Del)

Indian Renewable Energy Dev. Agency v. Pr. CIT (Del)

Release Date: March 20, 2024

Section(s): Income-tax Act, 1961, ss. 153(2A), 153(3)

Assessment—Limitation—Order giving effect to order of Tribunal in appeal—Time-barred under both old and new provision—Assessing Officer bereft of juri...

[2023] 459 ITR 758 (Bom)

Mrs. Sitadevi Satyanarayan Malpani v. ITSC (Bom)

Release Date: March 19, 2024

Section(s): Income-tax Act, 1961, s. 244A

Assessment—Effect of self-assessment—Tax paid on self-assessment entitled to refund and interest on refund—Income-tax Act, 1961, s.244A....

[2023] 459 ITR 766 (Mad)

Rarefield Engineers Pvt. Ltd. v. Asst. CIT (Mad)

Release Date: March 18, 2024

Appeals—Delay in filing of appeal—Limitation—Condonation of delay—General principles applicable—Income-tax Act, 1961....

[2024] 460 ITR 13 (Cal)

C and E Ltd. v. Pr. CIT (Cal)

Release Date: March 17, 2024

Section(s): Income-tax Act, 1961, ss. 080IC, 254, 263

Revision—Industrial undertaking—Special deduction—Principle of consistency—Assessing Officer allowing 100 per cent. deduction on expanded unit for ini...

[2024] 460 ITR 7 (Del)

Pr. CIT v. Minda SM Technocast Pvt. Ltd. (Del)

Release Date: March 16, 2024

Section(s): Income-tax Act, 1961, s. 056(2)(viia) ; Income-tax Rules, 1962, s. 011UA

Income from other sources—Shares received at price higher than market value—Determination of fair market value—Change in prescribed formula with effec...

[2023] 459 ITR 610 (Guj)

Pr. CIT v. Hitesh Ashok Vaswani (Guj)

Release Date: March 15, 2024

Section(s): Income-tax Act, 1961, ss. 132, 147, 153A, 153C, 253, 254(2), 260A

Appeal to Appellate Tribunal—Powers of Tribunal—Rectification of mistake—Jurisdiction limited to correcting “error apparent on face of record”—Tribuna...

[2023] 459 ITR 739 (Mad)

Mahesh Family Trust v. ITO (Mad)

Release Date: March 14, 2024

Section(s): Income-tax Rules, 1962, s. 112

Writ—Return of income—Central Board of Direct Taxes—Petition for direction to Board to modify Income-tax form to enable private discretionary trust to...

[2023] 459 ITR 730 (Ker)

Nileshwar Range Kallu Chethu V. T. S. S. v. CIT (Ker)

Release Date: March 13, 2024

Section(s): Income-tax Act, 1961, s. 080P

Co-operative society—Special deduction under section80P—Claim for deduction must be made in return filed within time—Income-tax Act, 1961, s.80P....

[2023] 459 ITR 566 (Mad)

Irfanudeen Abdul Munaf v. Pr. DIT (Inv.) (Mad)

Release Date: March 12, 2024

Section(s): Income-tax Act, 1961, s. 132B

Search and seizure—Adjustment of cash seized from third person against Income-tax liability of assessee—Application for such adjustment mandatory—Inco...

[2023] 459 ITR 524 (Bom)

Hasmukh Estates Pvt. Ltd. v. Asst. CIT (Bom)

Release Date: March 11, 2024

Section(s): Income-tax Act, 1961, ss. 147, 148, 148A(b), 148A(d), 151 ; Constitution of India, s. 226

Reassessment—Notice—New procedure—Sanction for issue of notice—Information that income has escaped assessment—Objection from Comptroller and Auditor G...

[2023] 459 ITR 534 (Bom)

Anwar Mohammed Shaikh v. Asst. CIT (Bom)

Release Date: March 10, 2024

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

Reassessment—Notice after four years—Conditions precedent—Reason to believe—Existence of material on which belief must be based—Assessee disclosing al...

[2023] 459 ITR 593 (SC)

CIT v. National Agrl. Co-op. Mktg. Fed. of India Ltd. (SC)

Release Date: March 9, 2024

Section(s): Income-tax Act, 1961, s. 037

Business expenditure—Accrued or contingent liability—Award of damages with interest thereon in arbitration made rule of court by single judge—Assessee...

[2023] 33 ITR (Trib)-OL 74 (ITAT[Mum])

Vodafone Idea Ltd. v. Dy. CIT (ITAT[Mum])

Release Date: March 8, 2024

Section(s): Income-tax Act, 1961, ss. 009(1)(vii), 040(a)(ia), 194H, 194J, 254 ; Income-Tax Appellate Tribunal Rules, 1963, s. 027

"Business expenditure—Disallowance—Payments liable to deduction of tax at source—Assessee selling SIM cards to prepaid distributor and specifying maxim... "

[2023] 459 ITR 487 (Mad)

Sanmina – SCI India Pvt. Ltd. v. Dy. CIT (Mad)

Release Date: March 7, 2024

Section(s): Income-tax Act, 1961, ss. 092CA, 143(3), 144 ; Constitution of India, s. 226

Dispute Resolution Panel—Limitation—Tribunal remanding matter to Assessing Officer to refer matter once again to Dispute Resolution Panel—Order of Tri...

[2023] 459 ITR 508 (Bom)

CIT (IT) v. Alibaba.com Singapore E-Commerce (Bom)

Release Date: March 6, 2024

Section(s): Income-tax Act, 1961, s. 009(1)(i)

Non-resident—Fees for technical services—Business connection—Services provided by assessee to Indian customers—Indian company merely displaying and st...

[2023] 33 ITR (Trib)-OL 1 (ITAT[Chand])

St. Peters Educational Society v. Pr. CIT (ITAT[Chand])

Release Date: March 5, 2024

Section(s): Income-tax Act, 1961, ss. 010(23C), 142A

"Exemption—Educational institutions—Withdrawal of approval—Retrospective withdrawal of approval impermissible—Withdrawal can only be prospective from d... "

[2023] 459 ITR 470 (Del)

Clix Capital Services Pvt. Ltd. v. Joint CIT (Del)

Release Date: March 4, 2024

Section(s): Income-tax Act, 1961, ss. 271, 275

Penalty—Notice—Limitation—Effect of section275(1)(c)—Order of assessment in 2011—Notice issued in November 2017—Barred by limitation—Income-tax Act, 1...

[2023] 459 ITR 477 (Telangana)

Nova Medicare v. ITO (Telangana)

Release Date: March 3, 2024

Section(s): Income-tax Act, 1961, ss. 068, 260A

Cash credits—Cash credits advanced by partners of assessee-firm—Unexplained cash credits to be assessed at hands of partners—Cash credits cannot be tr...

[2023] 459 ITR 413 (Bom)

Vodafone Idea ltd. v. Central Processing Centre (Bom)

Release Date: March 2, 2024

Section(s): Income-tax Act, 1961, ss. 144C(1), 144C(2)(b), 144C(5), 144C(10), 144C(13)

Assessment—Faceless assessment—Limitation—Draft assessment order—Reference to Dispute Resolution Panel—Objections to Dispute Resolution Panel—Directio...

[2023] 459 ITR 369 (Bom)

Smita Rohit Gupta v. Pr. CIT (Bom)

Release Date: March 1, 2024

Section(s): Income-tax Act, 1961, s. 264 ; Finance Act, 2016, ss. 183, 184, 185, 186, 187, 188

Revision—Application by assessee—Powers of Commissioner very wide—Issue regarding taxability of amount declared under Income Declaration Scheme—Reject...

[2024] 470 ITR 200 (Bom)

Mrs. Usha Eswar v. Rajeshwari Menon, ITO (Bom)

Release Date: February 29, 2024

Income-tax Act, 1961, ss. 147, 148, 245R, 245S

Reassessment—Notice after four years—Advance ruling—Effect of—Binding only on assessee and Assessing Officer in relation to transactions in question—N...

[2024] 117 ITR (Trib) 417 (ITAT[Kolk])

Smt. Yamini Khandelwal v. Asst. CIT (ITAT[Kolk])

Release Date: February 28, 2024

"Income-tax Act, 1961, ss. 010(38), 014A Assessment Year: 2010-11"

"Income—Computation—Disallowance of expenditure relating to exempt income—Assessee declaring exempt long-term capital gains—Assessing Officer treating ... "

[2024] 117 ITR (Trib) 402 (ITAT[Kolk])

Sukhdham Infrastructures LLP v. ITO (ITAT[Kolk])

Release Date: February 27, 2024

"Income-tax Act, 1961, ss. 142, 143 Assessment Year: 2015-16"

Central Board of Direct Taxes—Instructions—Income-tax Department—Assessment—Board instructions on conversion of limited scrutiny to full scrutiny—Due ...

[2024] 470 ITR 229 (Gujrat)

Vrushti Aulkumar Shah v. Pr. Chief CIT (Guj)

Release Date: February 26, 2024

Income-tax Act, 1961, ss. 119(2)(b), 139(5), 139(9) ; Constitution of India, s. 226

Return of income—Defective return—Notice by Central Processing Centre calling for rectification of mistake within fifteen days—Application seeking ext...

[2024] 117 ITR (Trib) 441 (ITAT[Del])

Nuovo Pignone International SRL v. Dy. CIT (ITAT[Del])

Release Date: February 25, 2024

Non-resident—Taxability in India—Permanent establishment—Existence of permanent establishment to be determined on year-to-year basis—Existence of perm...

[2023] 459 ITR 211 (Ori)

D. N. Homes Pvt. Ltd. v. Union of India (Ori)

Release Date: February 24, 2024

Income-tax Act, 1961, ss. 002(35), 276B, 278AA, 278B

"Offences and prosecution—Sanction for prosecution—Reasonable cause—Deduction of tax at source—Failure to deposit tax deducted at source due to prevale... "

[2023] 459 ITR 261 (Del)

Pr. CIT v. Security Printing & Minting Corprn. (Del)

Release Date: February 23, 2024

Income-tax Act, 1961, ss. 014A, 143(3), 260A ; Income-tax Rules, 1962, s. 08D(iii)

"Income—Disallowance of expenditure relating to exempt income—Assessing Officer not recording satisfaction after scrutinising accounts of assessee that... "

2023] 459 ITR 349 (P&H)

Health Bio Tech Ltd. v. Dy. CIT (P&H)

Release Date: February 22, 2024

"Income-tax Act, 1961, ss. 276C(2), 278B Assessment Year: 2011-12"

Offences and prosecution—Wilful attempt to evade tax—Self-assessment tax shown in return but paid late—Penalty levied for delayed payment of tax—Crimi...

[2023] 459 ITR 162 (Bom)

Rajendra R. Singh v. Asst. CIT (Bom)

Release Date: February 21, 2024

"Income-tax Act, 1961, ss. 179, 220(2) Assessment Year: 2010-11"

"Recovery of tax—Company—Recovery from director—Condition precedent—Tax not recoverable from company—Notice not disclosing intent to treat company as p... "

[2023] 459 ITR 67 (Jhar)

Satish Kumar v. Pr. Chief CIT (Jhar)

Release Date: February 20, 2024

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

Reassessment—Initial notice—Order for issue of notice of reassessment—Condition precedent—Assessee to be given minimum seven days to reply excluding d...

[2023] 102 ITR (Trib) 541 (ITAT[Raip])

Dr. Hari Singh Chandel v. ITO (ITAT[Raip])

Release Date: February 19, 2024

Income-tax Act, 1961, ss. 002(7A), 120, 124(3), 143(2), (3)

Assessment—Validity—Income-tax authorities—Jurisdiction—Assessment order passed by Assessing Officer in pursuance of notice issued by Assessing Office...

[2024] 470 ITR 184 (Bom)

Cummins India Ltd. v. Asst. CIT (Bom)

Release Date: February 18, 2024

Income-tax Act, 1961, s. 092C

International transactions—Transfer pricing—Computation of arm’s length price—Aggregation of transactions—Transactional net margin method accepted as ...

[2023] 459 ITR 36 (Cal)

Rajeev Biswas v. UOI (Cal)

Release Date: February 17, 2024

Income-tax Act, 1961, ss. 010(6)(viii), 154, 254

Rectification of mistake—Mistake apparent from record—Exemption—Income received by non-resident for service rendered on foreign ship outside India—Not...

[2023] 108 ITR (Trib) (S.N.) 47 (ITAT[Del])

Hitachi Astemo Haryana P. Ltd. v. Dy. CIT (ITAT[Del])

Release Date: February 16, 2024

"Income-tax Act, 1961, s. 144C(13) Assessment Year: 2018-19"

"Assessment—Eligible assessee—Validity—Dispute Resolution Panel issuing directions with regard to transfer pricing adjustments—Order of Transfer Pricin... "

[2023] 108 ITR (Trib) 645 (ITAT[Raipur])

Adim Jati Seva Sahkari Samiti Maryadit v. ITO (ITAT[Raipur])

Release Date: February 15, 2024

"Income-tax Act, 1961, s. 069A Assessment Year: 2017-18"

Unexplained money—Cash deposit in bank account during demonetisation period—Assessee not explaining source of fund—Assessing Officer added income as u...

[2023] 108 ITR (Trib) (S.N.) 41 (ITAT[Chand])

Dy. CIT v. Anil Kumar Jain (ITAT[Chand])

Release Date: February 14, 2024

"Income-tax Act, 1961, ss. 043B, 254 Assessment Year: 2019-20"

"Appeal to Appellate Tribunal—Monetary limits for appeals by Department—Exception where Board’s order, notification, instruction or circular held illeg... "

[2024] 117 ITR (Trib) 328 (ITAT[Bang])

H. P. (I) Software Operation P. Ltd. v. Dy. CIT (ITAT[Bang])

Release Date: February 13, 2024

"Income-tax Act, 1961, s. 037 Assessment Year: 2016-17"

Business expenditure—Employees’ stock option plan—Employees of assessee eligible to participate in share based compensation schemes of ultimate holdin...

[2023] 108 ITR (Trib) (S.N.) 27 (ITAT[Mum])

Ms. Rakhi Anant Sawant v. ITO (ITAT[Mum])

Release Date: February 12, 2024

"Income-tax Act, 1961, s. 271(1)(c) Assessment Year: 2006-07"

Penalty—Concealment of income or furnishing inaccurate particulars of income—Quantum appeal challenging addition on basis of which penalty proceedings...

[2023] 108 ITR (Trib) (S.N.) 23 (ITAT[Del])

Dy. CIT v. Western Geco International Ltd. (ITAT[Del])

Release Date: February 11, 2024

Income-tax Act, 1961, ss. 009(1)(vii), 044BB, 044DA

Presumptive tax—Prospecting for, or extraction or production of mineral oils—Revenue received on account of provision of facilities and services of se...

[2023] 108 ITR (Trib) (S.N.) 19 (ITAT[Kolk])

Rainbow Vincom P. Ltd. v. ITO (ITAT[Kolk])

Release Date: February 10, 2024

"Income-tax Act, 1961, ss. 068, 131 Assessment Year: 2012-13"

"Cash credits—Share premium and share capital—Assessee submitting documents relating to identity and creditworthiness of subscribers and genuineness of... "

[2023] 108 ITR (Trib) 176 (ITAT[Mum])

Rajhans Paper Co. v. ITO (ITAT[Mum])

Release Date: February 9, 2024

"Income-tax Act, 1961, s. 040(b) Assessment Year: 2009-10"

Income from other sources—Business income—Unexplained excess stocks found during survey—Excess stocks consisting of items traded in by assessee—Excess...

[2023] 108 ITR (Trib) (S.N.) 4 (ITAT[Del])

Dy. CIT v. Capital Power Systems Ltd. (ITAT[Del])

Release Date: February 8, 2024

"Income-tax Act, 1961, ss. 132(4), 147, 150 Assessment Year: 2007-08"

Reassessment—Pursuant to “direction” of Tribunal—Surrender made by director of assessee-company during search with bifurcation of sums pertaining to h...

[2023] 108 ITR (Trib) (S.N.) 12 (ITAT[Del])

Dy. CIT v. Tapesh Tyagi (ITAT[Del])

Release Date: February 7, 2024

"Income-tax Act, 1961, ss. 069A, 115BBE Assessment Year: 2017-18"

Unexplained money—Search and seizure—Assessment in search cases—Loose paper seized from possession of assessee—Assessee surrendering sum as business i...

[2023] 108 ITR (Trib) (S.N.) 14 (ITAT[Surat])

Basant Sekhani v. ITO (ITAT[Surat])

Release Date: February 6, 2024

"Income-tax Act, 1961, ss. 144, 271(1)(c) Assessment Year: 2010-11"

Appeal—Appeal to Commissioner (Appeals)—Delay in filing—Condonation of delay—Assessee placing on record evidence of having been admitted to hospital w...

[2023] 108 ITR (Trib) (S.N.) 7 (ITAT[Chen])

Alpha Reality v. Asst. CIT (ITAT[Chen])

Release Date: February 5, 2024

Income-tax Act, 1961, ss. 036(1)(vii), 036(2), 037, 251

Appeal to Commissioner (Appeals)—Powers of Commissioner (Appeals)—No power to introduce new source of income—Commissioner (Appeals) must confine himse...

[2023] 108 ITR (Trib) 1 (ITAT[Surat])

Jainam Exports v. ITO (ITAT[Surat])

Release Date: February 4, 2024

Assessment—Validity—Firm—Dissolution—Assessee intimating Assessing Officer at earliest possible opportunity about dissolution of assessee-firm—Assessi...

[2023] 30 ITR (Trib)-OL 38 (ITAT[Chand])

ANI Techno. P. Ltd. v. Dy. CIT (TDS) (ITAT[Chand])

Release Date: February 3, 2024

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

"Deduction of tax at source—Assessee, technology service provider in cab hailing market in India—Payments to transport service providers—No contract or... "

[2023] 107 ITR (Trib) 594 (ITAT[Del])

S. N. C. S. Centre GmbH v. Jt. CIT (ITAT[Del])

Release Date: February 2, 2024

Income-tax Act, 1961, ss. 009(1)(vi), 009(1)(vii) ; Double Taxation Avoidance Agreement between India and Germany, s. 012

"Non-resident—Taxability in India—Fees for technical services—Commission—Assessee receiving commission for sale of books—Mere provision of support serv.. "

[2023] 107 ITR (Trib) (S.N.) 73 (ITAT[Pune])

Milind Moreshwar Pimpalkhare v. Dy. DIT (ITAT[Pune])

Release Date: February 1, 2024

Income-tax Act, 1961, s. 139(4) ; Income-tax Rules, 1962, s. 128(9)

Foreign tax credit—Conditions precedent—Amendment with retrospective effect to provide that statement in form 67 and certificate or statement from ded..

[2023] 107 ITR (Trib) (S.N.) 77 (ITAT[Mum])

D. C. Polyester Ltd. v. Dy. CIT (ITAT[Mum])

Release Date: January 30, 2024

Section(s): Income-tax Act, 1961, s. 270A

Penalty—Under-reporting of income—Discretion of Assessing Officer—Assessee offering rental income under head “Income from house property”, but Assessi...

[2024] 109 ITR (Trib) 349 (ITAT[Ahm])

Abhishek Prakashchand Chhajed v. ITO (ITAT[Ahm])

Release Date: January 29, 2024

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

Cash credits—Business in trading gold and silver—Cash deposited to bank during demonetisation—Cash receipt from sale of gold and gold ornaments duly r...

[2023] 107 ITR (Trib) (S.N.) 60 (ITAT[Ahm])

Asst. CIT v. Pradip Overseas Ltd. (ITAT[Ahm])

Release Date: January 28, 2024

Section(s): Income-tax Act, 1961, ss. 147, 148, 245D(4)

Settlement of case—Settlement Commission passing order settling case—Is binding on Department—Assessing Officer has no power to reopen assessment for ...

[2021] 431 ITR 361 (Del)

Pr. CIT v. Smt. Krishna Devi (Del)

Release Date: January 28, 2024

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

Cash credit—Burden of proof—Tribunal finding that identity of creditors and genuineness of transaction had been proved—Burden of proof discharged—Amou...

[2023] 107 ITR (Trib) (S.N.) 63 (ITAT[Ahm])

Bipinbhai V. Patel v. ITO (ITAT[Ahm])

Release Date: January 27, 2024

Section(s): Income-tax Act, 1961, ss. 002(14), 054F

Capital gains—Capital asset—Definition—Receipt on relinquishment of assessee’s share in firm—Gives rise to capital gains—Reinvestment on residential f...

[2023] 107 ITR (Trib) 222 (ITAT[Mum])

Foseco International Ltd. v. CIT (A) (ITAT[Mum])

Release Date: January 26, 2024

Section(s): Double Taxation Avoidance Agreement between India and U.K., ss. 013(3)(c), 013(4)(c)

Non-resident—Taxability in India—Fees for technical services—Reimbursement of expenses by group companies for use of software—Not fees for technical s...

[2023] 107 ITR (Trib) 401 (ITAT[Del])

P. P. Telecell Marketing P. Ltd. v. Dy. CIT (ITAT[Del])

Release Date: January 25, 2024

Appeal to Appellate Tribunal—Power to admit additional grounds—Legal issue—Admitted for adjudication—Income-tax Act, 1961....

[2023] 107 ITR (Trib) (S.N.) 57 (ITAT[Mum])

Bombay Samachar P. Ltd. v. Asst. CIT (ITAT[Mum])

Release Date: January 24, 2024

Section(s): Income-tax Act, 1961, s. 050C

Capital gains—Full value of consideration—Value for stamp duty purposes—Condition precedent for adopting—Value adopted by stamp duty authority exceedi...

[2023] 107 ITR (Trib) 88 (ITAT[Ahm])

Dy. CIT v. Shanti Super Buildcon (ITAT[Ahm])

Release Date: January 23, 2024

Section(s): Income-tax Act, 1961, ss. 041(1), 068, 069, 133(6)

Dy. CIT v. Shanti SupeBusiness income—Deemed income—Remission or cessation of liability—Sundry creditors outstanding balance not written off in assessee’s books—Same transa... Buildcon (ITAT[Ahm])

[2023] 107 ITR (Trib) (S.N.) 16 (ITAT[Pune])

Jyoti Paper Udyog Ltd. v. Asst. CIT (ITAT[Pune])

Release Date: January 22, 2024

Section(s): Income-tax Act, 1961, ss. 092D, 092E, 271AA, 273B

Penalty—Specified domestic transactions—Failure to file report of accountant in respect of specified domestic transactions—Non-compliance of provision...

[2023] 458 ITR 566 (Telangana)

Mallikarjuna Rice Industries v. ITO (Telangana)

Release Date: January 21, 2024

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

Reassessment—Notice—Validity—Condition precedent for notice—Tangible material for reason to believe that income had escaped assessment—No such materia...

[2023] 458 ITR 491 (Mad)

Avinashilingam Institute v. Asst. CIT (E) (Mad)

Release Date: January 20, 2024

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

Reassessment—Notice—Validity—Condition precedent for notice—Reason to believe that income had escaped assessment—Assessee a deemed university in exist...

[2024] 109 ITR (Trib) 105 (ITAT[Kolk])

Bijni Dooars Tea Co. Ltd. v. Pr. CIT (ITAT[Kolk])

Release Date: January 19, 2024

Section(s): Income-tax Act, 1961, ss. 004, 115JAA, 115-O, 115P, 115Q, 143(3), 154, 246A, 263

Appeal to Appellate Tribunal—Power to admit additional grounds—Additional grounds admitted for adjudication—Income-tax Act, 1961....

[2024] 117 ITR (Trib) 67 (ITAT[Ctk])

Shark Mines and Minerals P. Ltd. v. Pr. CIT (ITAT[Ctk])

Release Date: January 18, 2024

Section(s): Income-tax Act, 1961, ss. 143, 263

Assessment—Limited scrutiny—Conversion into complete scrutiny—Power of Assessing Officer in respect of issues other than those for which limited scrut...

[2024] 109 ITR (Trib) 52 (ITAT[Surat])

Rajgreen Infralink LLP v. Dy. CIT (ITAT[Surat])

Release Date: January 17, 2024

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

Cash credits—Burden of proof—Identity and creditworthiness of creditor and genuineness of transaction—Dispute only regarding creditworthiness of some ...

[2024] 109 ITR (Trib) 1 (ITAT[Chand])

Montu Shallu Knitwears v. Dy. CIT (ITAT[Chand])

Release Date: January 16, 2024

Section(s): Income-tax Act, 1961, ss. 069B, 115BBE

Income-tax survey—Undisclosed investment—Special rate of tax—Difference between stocks found and figure recorded in books of account and assessee surr...

[2024] 470 ITR 37 (Bom)

Prithvi Consultants Pvt. Ltd. v. Dy. CIT (Bom)

Release Date: January 15, 2024

Section(s): Income-tax Act, 1961, s. 002(47)(v) Section(s): Registration Act, 1908, ss. 017(1A), 049 ; Transfer of Property Act, 1882, s. 053A

Capital gains—Transfer—Definition—Possession taken in part performance of contract—Agreement must be registered—Joint development agreement not regist...

[2023] 108 ITR (Trib) 705 (ITAT[Del])

Krones Aktiengesellschaft v. Dy. CIT (ITAT[Del])

Release Date: January 14, 2024

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

Non-resident—Permanent establishment—Dependent agency permanent establishment—Finding that Indian subsidiary not empowered to conclude contracts nor h...

[2023] 108 ITR (Trib) 392 (ITAT[Del])

Rampgreen Solutions P. Ltd. v. Dy. CIT (ITAT[Del])

Release Date: January 13, 2024

Section(s): Income-tax Act, 1961, ss. 014A, 092C ; Income-tax Rules, 1962, ss. 008D, 010B

International transactions—Arm’s length price—Determination—Selection of comparables—Assessee providing information technology enabled services—Compan...

[2023] 458 ITR 478 (Bom)

Digi1 Electronics Pvt. Ltd. v. Asst. CIT (Bom)

Release Date: January 12, 2024

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

Reassessment—Notice—Validity—Condition precedent for notice—Reason to believe that income had escaped assessment—Belief must be based an tangible mate...

[2023] 107 ITR (Trib) 1 (ITAT[Chand])

Abhimanu Adventure Resorts P. Ltd. v. Dy. CIT (ITAT[Chand])

Release Date: January 11, 2024

Section(s): Income-tax Act, 1961, s. 154

Rectification of mistake—Mistake apparent from record—Reassessment—Assessee earning income from tourism and agriculture—Reassessment completed and nil...

[2024] 460 ITR 23 (Mad)

N. Naveen Baalaji v. Dy. CIT (Mad)

Release Date: January 10, 2024

Section(s): Prohibition of Benami Property Transactions Act, 1988, ss. 024(1), 024(2), 024(3), 024(4)(a)(i), 026(3)

Benami property—Provisional attachment of property—No provision warranting authorities to provide opportunity of cross-examination of witnesses whose ...

[2023] 107 ITR (Trib) 274 (ITAT[Mum])

Vrushali Sanjay Shinde v. Dy. CIT (ITAT[Mum])

Release Date: January 9, 2024

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

Search and seizure—Assessment in search Cases—Sanction of prescribed authority—Sanction not to be granted mechanically—Sanctioning authority not apply...

[2023] 458 ITR 40 (Bom)

Pr. CIT v. Spicer India Ltd. (No. 1) (Bom)

Release Date: January 8, 2024

Section(s): Income-tax Act, 1961, s. 092C

International transactions—Transfer pricing—Computation of arm’s length price—Transfer pricing adjustment—Benchmarking to be done for only associated ...

[2023] 458 ITR 20 (Del)

Pr. CIT v. National Fertilizers Ltd. (Del)

Release Date: January 7, 2024

Section(s): Income-tax Act, 1961, s. 260A

Appeal to High Court—Condonation of delay—Inordinate delay of 498 days—Delay due to negligence or deliberate dormancy—Cyclostyled application indicati...

[2023] 458 ITR 1 (Bom)

Grasim Industries Ltd. v. Asst. CIT (Bom)

Release Date: January 6, 2024

Section(s): Income-tax Act, 1961, s. 248 ; Constitution of India, s. 226

Refund—Deduction of tax at source—Payments to non-resident—Withholding of tax—Refund to person who made payments and has borne withholding tax—Amount ...

[2023] 457 ITR 401 (Mad)

Mrs. Malini Ravindran v. CIT (A) (Mad)

Release Date: January 5, 2024

Section(s): Income-tax Act, 1961, ss. 119, 234B

Advance tax—Interest—Mandatory—Income-tax Act, 1961, s.234B....

[2023] 457 ITR 433 (Ori)

Sylvesa Infotech Pvt. Ltd. v. Addl. CIT (Ori)

Release Date: January 4, 2024

Section(s): Income-tax Act, 1961, ss. 147, 148, 148A, 151(ii)

Reassessment—Notice after four years—Change of law—New procedure—Two sets of notices issued, one before amendment and one after—Notices issued prior t...

[2023] 458 ITR 48 (Bom)

R. K. Madhani Prakash Engineers J. V. v. UOI (Bom)

Release Date: January 3, 2024

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

Return—Delay in furnishing return—Condonation of delay—Discretion to be exercised in judicious manner—Expression “genuine hardship” to assessee to be ...

[2017] 390 ITR 10 (SC)

Jeans Knit P. Ltd. v. Deputy CIT (SC)

Release Date: January 2, 2024

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

Writ—Existence of alternative remedy—Reassessment—Petition against notice—Dismissal by High Court as not maintainable and relegation of dealer to reme...

[2023] 458 ITR 74 (Cal)

CIT (TDS) v. ABP Pvt. Ltd. (Cal)

Release Date: January 1, 2024

Section(s): Income-tax Act, 1961, s. 194H

Deduction of tax at source—Commission—Effect of Circular No. 5 of 2016[1]—Payment by television channels or newspapers to advertising agency for procu...

[2023] 458 ITR 54 (HP)

Ashok Kumar Sharma v. Pr. CIT (HP)

Release Date: December 31, 2023

Section(s): Income-tax Act, 1961, ss. 127, 148 ; Constitution of India, s. 226

Reassessment—Notice—Validity—Transfer of case—Notice issued by Assessing Officer who had ceased to exercise jurisdiction over assessee—Notice not vali...

[2023] 457 ITR 418 (Cal)

Winro Commercial (India) Ltd. v. Pr. CIT (Cal)

Release Date: December 30, 2023

Section(s): Income-tax Act, 1961, ss. 080IA, 260A

Industrial undertaking—Special deduction—Condition precedent—Submission of audit report—Time limit for such submission—Law applicable—Effect of amendm...

[2023] 457 ITR 526 (Guj)

Jain Chain v. ITO (Guj)

Release Date: December 29, 2023

Section(s): Income-tax Act, 1961, ss. 148, 148A(d), 149(1) ; Constitution of India, s. 226

Reassessment—Change of law—Notice—Limitation—Effect of amendments by Finance Act, 2021—Notices issued on or after 1-4-2021—Notices issued for assessme...

[2023] 457 ITR 791 (Guj)

Vijay Ramanlal Sanghvi v. Asst. CIT (Guj)

Release Date: December 28, 2023

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

Reassessment—Notice after four years—Validity—Failure to disclose material facts necessary for assessment—No evidence of such failure—Notice not valid...

[2023] 457 ITR 603 (Cal)

Pr. CIT v. Reeta Lakhmani (Cal)

Release Date: December 27, 2023

Section(s): Income-tax Act, 1961, s. 263

Revision—Condition precedent—Order of assessment must be erroneous and prejudicial to Revenue—Commissioner must apply his mind and ensure that both co...

[2023] 457 ITR 600 (Cal)

CIT v. Manoj Murarka (Cal)

Release Date: December 26, 2023

Section(s): Income-tax Act, 1961, s. 260A

Appeal to High Court—Delay in filing appeal—Application for condonation of delay—Delay condoned subject to payment of specified amount—Amount not paid...

[2023] 108 ITR (Trib) 636 (ITAT[Raipur])

Santosh Jain v. ITO (ITAT[Raipur])

Release Date: December 25, 2023

Section(s): Income-tax Act, 1961, ss. 044AA, 271A, 271B

Penalty—Penalty levied for failure to maintain books of account—Penalty not leviable for failure to get books audited—Income-tax Act, 1961, ss.44AA,27...

[2023] 458 ITR 709 (Bom)

Pr. CIT v. Music Broadcast Pvt. Ltd. (Bom)

Release Date: December 24, 2023

Section(s): Income-tax Act, 1961, ss. 028(va), 032(1)(ii)

Capital or revenue expenditure—Compensation for premature termination of advertisement and agency sales agreement—Expenses saved not only for previous...

[2023] 459 ITR 328 (Chhattisgarh)

Southern Ispat & Energy v. UOI (No. 2) (Chhattisgarh)

Release Date: December 23, 2023

Section(s): Income-tax Act, 1961, ss. 147, 148, 151 ; Constitution of India, s. 226

Writ—Reassessment—Notice—Validity—Objection to notice on ground that sanction for notice not proper—Assessee had remedy by way of appeal—Writ would no...

[2023] 108 ITR (Trib) 329 (ITAT[Del])

Tata Power Delhi Distribution Ltd. v. Addl. CIT (ITAT[Del])

Release Date: December 22, 2023

Section(s): Income-tax Act, 1961, ss. 080-IA, 080-IB, 115JB, 234B, 234C ; Income-Tax Appellate Tribunal Rules, 1963, s. 011

Appeal to Appellate Tribunal—Power to admit additional ground—Additional ground purely legal and not requiring new fact to be brought on record—Additi...

[2023] 459 ITR 331 (Chhattisgarh)

Satya Vidya Real Estate v. Asst. CIT (Chhattisgarh)

Release Date: December 21, 2023

Section(s): Income-tax Act, 1961, ss. 132, 153C, 246A ; Constitution of India, s. 226

Search and seizure—Assessment of third person—Writ petition against notice—Availability of alternative remedy—Disputed questions of fact involved—Asse...

[2023] 459 ITR 570 (GAUHATI HIGH COURT)

Sheetal Bamalwa v. Union of India (Gau)

Release Date: December 20, 2023

Section(s): Income-tax Act, 1961, ss. 069, 132, 133A ; Constitution of India, s. 226

Writ—Scope of judicial review—General principles governing—Search and seizure—Adequacy of reasons not within scope of judicial review—Income-tax Act, ...

[2023] 108 ITR (TRIB) 457 AHMEDABAD A BENCH

ITO v. Pravinbhai Jayantibhai Kapasi (ITAT[Ahm])

Release Date: December 19, 2023

Section(s): Income-tax Act, 1961, ss. 132(4), 154

Rectification of mistake—Mistake apparent on record—Search and seizure—Assessment—Unexplained income—Cash found on search—Assessing Officer holding ac...

[2023] 108 ITR(Trib) 351 (ITAT MUM) B BENCH

Dy. CIT v. Bhawna Computers P. Ltd. (ITAT[Mum])

Release Date: December 18, 2023

Section(s): Income-tax Act, 1961, ss. 068, 147, 148, 153C, 170

Search and seizure—Assessment in search cases—Assessment of third person—Jurisdiction of Assessing Officer—No incriminating material found during sear...

[2023] 457 ITR 595 (Del)

Pr. CIT v. Spice Jet Ltd. (Del)

Release Date: December 17, 2023

Section(s): Income-tax Act, 1961, ss. 040(a)(ia), 194H

Business expenditure—Disallowance—Payments liable to deduction of tax at source—Amount retained by banks or credit card agencies for rendering credit ...

[2023] 457 ITR 579 (Mad)

M. K. Chakrala v. Directorate of Enforcement (Mad)

Release Date: December 16, 2023

Section(s): Income-tax Rules, 1962, s. 037BB

Offences and prosecution—Money-laundering—Auditor—Issue of tax determination certificates in form 15CA without ascertaining genuineness of documents—N...

[2023] 106 ITR (Trib) (S.N.) 93 (ITAT[Ahm])

Gujarat Smelting & Refining Co. Ltd. v. ITO (ITAT[Ahm])

Release Date: December 15, 2023

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

Penalty—Concealment of income—Assessee found to have booked huge bogus purchases—Books rejected and profits estimated—Finding that assessee had concea...

[2023] 457 ITR 727 (Ker)

Cherthala Taluk Agri. Credit Co-op. Society v. ITO (Ker)

Release Date: December 14, 2023

Section(s): Income-tax Act, 1961, s. 080P ; Constitution of India, s. 226

"Co-operative society—Special deduction—Writ—Order of assessment denying deduction ignoring decisions of Supreme Court—Not valid—Income-tax Act, 1961, ... "

[2023] 457 ITR 777 (Ori)

Smt. Kuni Sahoo v. Union of India (Ori)

Release Date: December 13, 2023

Section(s): Income-tax Act, 1961, s. 194A

Deduction of tax at source—Interest—Interest on compensation awarded by Motor Accidents Claims Tribunal—Effect of sub-section(3)of section194A—Interes...

[2023] 458 ITR 32 (CALCUTTA HIGH COURT)

Arun Kumar Bose v. ITO (Cal)

Release Date: December 12, 2023

Section(s): Income-tax Act, 1961, ss. 251(1)(a), 260A

Appeal to High Court—Substantial question of law—Appeal to Commissioner (Appeals)—Powers of Commissioner (Appeals)—Scope of section251(1)(a)—Commissio...

[2023] 108 ITR (TRIB) 290 ITAT (CHANDIGARH B BENCH)

Punjab IAS and PCS Officers HBS Ltd. v. ITO (ITAT[Chand])

Release Date: December 11, 2023

Section(s): Income-tax Act, 1961, ss. 194C, 201(1), 201(1A)

Deduction of tax at source—Failure to deduct tax at source—Works contract—Payment of external development charges to Greater Mohali Area Development A...

[2023] 457 ITR 626 (BOMBAY)

Asian Paints Ltd. v. Asst. CIT (Bom)

Release Date: December 10, 2023

Section(s): Income-tax Act, 1961, ss. 148, 151

Reassessment—Notice—Sanction of specified authority—Notice issued after expiry of six years from assessment year—Notice issued with sanction of Additi...

[2023] 457 ITR 552 (Ori)

Unideep Food Processing Pvt. Ltd. v. ITAT (Ori)

Release Date: December 9, 2023

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

Appeal to High Court—Cash credits—Finding that there was no adequate explanation regarding credits—Addition of amount of cash credit affirmed by Tribu...

[2023] 457 ITR 588 (CALCUTTA HIGH COURT)

Pr. CIT v. Sanjay Dhingra (Cal)

Release Date: December 8, 2023

Section(s): Income-tax Act, 1961, ss. 260A, 271AAB, 273B

Appeal to High Court—Question of law—No independent findings recorded by Tribunal or decisions cited by parties—Order of Tribunal based on its own dec...

[2023] 107 ITR (Trib) 707 (ITAT[Del])

Jubilant Pharmova Ltd. v. Pr. CIT (ITAT[Del])

Release Date: December 7, 2023

Section(s): Income-tax Act, 1961, s. 263

Revision—Erroneous and prejudicial to Revenue—Assessee failing to furnish required information—Assessing Officer accepting case of assessee without fu...

[2023] 108 ITR (Trib) 40 (ITAT) [RAIPUR]

Smt. Aruna Tiwari v. Pr. CIT (ITAT[Raipur])

Release Date: December 6, 2023

Section(s): Income-tax Act, 1961, ss. 124(3)(a), 143(2), 143(3), 254, 263

Assessment—Validity—Condition precedent—Valid notice under section143(2)—Assessment by officer having jurisdiction pursuant to notice issued by office...

108 ITR (Trib) 166 ITAT MUMBAI – D BENCH

Motilal Hastimaji Bothra (Late) v. ITO (ITAT[Mum])

Release Date: December 5, 2023

Section(s): Income-tax Act, 1961, s. 159

Reassessment—Notice—Assessee expiring before passing of assessment order—After death of assessee no notice served in name of legal heir—Assessment ord...

[2023] 108 ITR (TRIB) 127 ITAT (PUNE)- C BENCH

Abrar Fakirmohmmad Shaikh v. ITO (ITAT[Pune])

Release Date: December 4, 2023

Section(s): Income-tax Act, 1961, ss. 069A, 144C

Non-resident—Assessment—Eligible assessee—Dispute Resolution Panel—Contention of assessee that in absence of order under section92CA(3)Assessing Offic...

[2023] 457 ITR 263 (SC)

Secunderabad Club v. CIT (SC)

Release Date: December 3, 2023

Section(s): Income-tax Act, 1961, ss. 002(24), 056 ; Constitution of India, s. 141

Members’ club—Principle of mutuality—Surplus funds of club invested in fixed deposits with bank—Bank utilising deposits for its banking business—Ident...

[2023] 457 ITR 316 (Telangana)

HSBC Holdings Plc. v. Dy. CIT (Telangana)

Release Date: December 2, 2023

Section(s): Income-tax Act, 1961, ss. 147, 148 ; Constitution of India, s. 226

Writ—Existence of alternative remedy—Reassessment—Notice—Failure to disclose all material facts—Reasons recorded specifying material not disclosed in ...

[2023] 457 ITR 70 (Telangana)

Jubilee Hills International Centre v. ITO (Telangana)

Release Date: December 1, 2023

Income—Principle of mutuality—Club—Amounts received by recreational club from non-members—Finding that non-members had no powers and no right of dispo...

[2023] 457 ITR 41 (Bombay)

Kai Balkrishna R. Gawade Mandai v. ITO (Bom)

Release Date: November 30, 2023

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

Reassessment—Notice—Validity—Cancellation of old permanent account number card and obtaining of new permanent account number card—Fact intimated to In...

[2023] 457 ITR 18 (Bom)

Sofitel Realty LLP v. ITO (TDS) (Bom)

Release Date: November 29, 2023

Section(s): Income-tax Act, 1961, s. 279

Offences and prosecution—Compounding of offences—Assessing Officer has no power to compound offences—No time limit for submission or consideration of ...

[2023] 457 ITR 470 (Calcutta)

Pr. CIT v. Soorajmul Nagarmull (Cal)

Release Date: November 28, 2023

Section(s): Income-tax Act, 1961, s. 041

Business—Business income—Cessation of liability—No evidence of cessation of liability—Addition under section41—Not valid—Income-tax Act, 1961, ...

[2023] 457 ITR 130 (Bombay High Court)

Parle Bisleri Pvt. Ltd. v. Dy. CIT (Bom)

Release Date: November 27, 2023

Section(s): Income-tax Act, 1961, ss. 032(1)(i), 043(3)

Depreciation—”Plant” meaning of—Bottles and crates used by assessee manufacturing and selling soft drinks—Constitute “plant”—Entitled to depreciation—...

[2023] 457 ITR 118 (Karnataka High Court)

Smt. Durga Kumari Bobba v. Dy. CIT (Kar)

Release Date: November 26, 2023

Section(s): Income-tax Act, 1961, s. 048

Capital gains—Computation of capital gains—Deduction under section48—Determination of actual amount deductible—Income-tax Act, 1961, s.48....

[2023] 457 ITR 15 (Delhi)

Pr. CIT v. Maharani Enterprises (Del)

Release Date: November 25, 2023

Section(s): Income-tax Act, 1961, ss. 040(a)(i), 195

Deduction of tax at source—Payments to non-resident—Export commission—Non-resident not having permanent establishment or carrying on any business in I...

[2022] 448 ITR 594 (SC)

New Noble Educational Society v. Chief CIT (SC)

Release Date: November 24, 2023

Section(s): Income-tax Act, 1961, ss. 002(15), 010(23C)(vi), 011(4A)

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

[2023] 458 ITR 437 (SC)

CIT v. Jasjit Singh (SC)

Release Date: November 23, 2023

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

Search and seizure—Assessment of third person—Period of six years in respect of which returns to be filed by third-party assessee—Commences from date ...

[2023] 106 ITR (Trib) S.N.44 (Chennai A Bench)

Asst. CIT v. Gimpex P. Ltd. (ITAT[Chen])

Release Date: November 22, 2023

Section(s): Income-tax Act, 1961, s. 043(5)

Loss—Speculation loss—Assessee entering into forward contracts to safeguard against foreign exchange fluctuation on receipts from foreign parties—Excl...

[2023] 456 ITR 691 (Delhi)

CIT (TDS) v. Tata Teleservices Ltd. (Del)

Release Date: November 21, 2023

Income-tax Department—Assessment—Rule of consistency—Law laid down in case of one assessee accepted—Department cannot take contrary view in similar ca...

[2023] 106 ITR (Trib) S.N 16 DELHI – D BENCH

Aircon Beibars (FZE) v. Dy. CIT (ITAT[Del])

Release Date: November 20, 2023

Section(s): Income-tax Act, 1961, s. 009(1)(vi) ; Double Taxation Avoidance Agreement between India and U. A. E., s. 012

Non-resident—Royalty—Double taxation avoidance—Lease of helicopter to Indian entity—“Received” in Double Taxation Avoidance Agreement means “actual re...

[2023] 106 ITR (Trib) S.N 14 (Mumbai)

Emerson Process Management (I.) P. Ltd. v. Asst. CIT (ITAT[Mum])

Release Date: November 19, 2023

Section(s): Income-tax Act, 1961, ss. 092CA(3), 144C(13), 144C(15)

International transactions—Assessment—Validity—Limitation—Company amalgamated with assessee and ceasing to exist—Fact of amalgamation intimated to Dep...

[2023] 106 ITR (Trib) S.N. 75 (Mumbai) ITAT- G bench

ITO v. Swarnsarita Jewellers (ITAT[Mum])

Release Date: November 18, 2023

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

Cash credits—Assessee trading in gold and diamond jewellery and precious stones—Receipts from sales made on day of demonetisation—Sales recorded in sa...

[2023] 106 ITR (Trib) S.N. 73 (Mumbai D Bench)

Dy. CIT v. Motilal Oswal Securities Ltd. (ITAT[Mum])

Release Date: November 17, 2023

Section(s): Income-tax Act, 1961, ss. 037(1), 080G

Business expenditure—Employees’ stock option expenses—Allowable—Income-tax Act, 1961, s.37(1)....

[2023] 107 ITR (Trib) 233 (ITAT[Ahm])

Nisarahmed Abdulsattar Shaikh v. ITO (ITAT[Ahm])

Release Date: November 16, 2023

Section(s): Income-tax Act, 1961, s. 271CA

Appeal to Appellate Tribunal—Power to admit additional ground—Issue going to root of matter—Additional ground admitted—Income-tax Act, 1961....

[2023] 107 ITR (Trib) 405 (ITAT[Panaji])

Feelings v. Pr. CIT (ITAT[Panaji])

Release Date: November 15, 2023

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

Revision—Business expenditure—Disallowance—Firm—Remuneration to partners—Book profits—Interest income not excluded while determining allowable deducti...

[2023] 107 ITR (Trib) 250 (ITAT[Mum])

Indian Institute of Banking and Finance v. CIT (E) (ITAT[Mum])

Release Date: November 14, 2023

Section(s): Income-tax Act, 1961, s. 010(23C)(vi)

Educational institution—Exemption—Condition precedent—University or educational institution must exist solely for educational purposes and not for pur...

[2023] 107 ITR (Trib) 508 (ITAT[Chand])

Jasjot Singh Garcha v. Pr. CIT (ITAT[Chand])

Release Date: November 13, 2023

Section(s): Income-tax Act, 1961, ss. 068, 069, 069A, 069B, 069C, 069D, 115BBE, 133A, 263

Revision—Erroneous and prejudicial to Revenue—Income-tax survey—Discrepancies noticed during survey and assessee surrendering sum—Assessee explaining ...

[2023] 105 ITR (Trib) (S.N.) 78 (ITAT[Chen])

Eagle Fleet Services v. Asst. CIT (ITAT[Chen])

Release Date: November 12, 2023

Section(s): Income-tax Act, 1961, s. 069A

Unexplained money—Conditions precedent for treating money as unexplained—Cash deposits of specified bank notes during demonetisation period—Assessing ...

[2023] 105 ITR (Trib) (S.N.) 69 (ITAT[Bang])

Mahalasa Exports v. ITO (ITAT[Bang])

Release Date: November 11, 2023

Section(s): Income-tax Act, 1961, s. 037

Income—Accrual—Customs duty drawback—Refund—Assessee accounting for refund of duty drawback when it got right to receive it—Mercantile system of accou...

[2023] 105 ITR (Trib) (S.N.) 66 (ITAT[Del])

Madhurittu Puri (UK) v. Dy. CIT (IT) (ITAT[Del])

Release Date: November 10, 2023

Section(s): Income-tax Act, 1961, s. 142A

Capital gains—Long-term capital gains—Fair market value as on 1-4-2001—Reference to Valuation Officer—Assessing Officer not assigning reasons why he c...

[2023] 458 ITR 174 (Bom)

Prakash Madhukarrao Desai v. D. S. Desai (Bom)

Release Date: November 9, 2023

Section(s): Income-tax Act, 1961, ss. 269SS, 271AAD ; Negotiable Instruments Act, 1881, ss. 138, 139

Offences and prosecution—Acceptance of loans in cash in excess of prescribed limit—Effect—Would not render transaction unenforceable—Cheque—Dishonour—...

[2023] 105 ITR (Trib) 564 (ITAT[Del])

Bhuwaneshwar Prasad Singh v. ITO (ITAT[Del])

Release Date: November 8, 2023

Section(s): Income-tax Act, 1961, ss. 045, 054

Income from undisclosed sources—Capital gains—Assessee purchasing shares and making payments to brokers on later dates—Assessee selling shares and off...

[2023] 105 ITR (Trib) 717 (ITAT[Amrit])

Gill Rice Mill Guru Sar Sahnewala v. Dy. CIT (ITAT[Amrit])

Release Date: November 7, 2023

Section(s): Income-tax Act, 1961, ss. 044AB, 271B

Penalty—Failure to furnish audit report in time—Assessee not a habitual defaulter in filing tax audit report—Delay in filing during year due to change...

[2023] 455 ITR 712 (Cal)

Pr. CIT v. Salarpuria Simplex Dwelling LLP. (Cal)

Release Date: November 6, 2023

Accounting—Method of accounting—Rejection of method—Development of property—Assessee following project completion method—Method accepted in earlier ye...

[2023] 456 ITR 374 (Bom)

Shailesh Shah v. ITO (Bom)

Release Date: November 5, 2023

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

Reassessment—Validity—Death of assessee—Initiating of proceedings against deceased assessee—Proceedings invalid—Income-tax Act, 1961, ss.147,148....

[2023] 455 ITR 576 (Bom)

Pr. CIT v. Kimberly Clark Lever Pvt. Ltd. (Bom)

Release Date: November 4, 2023

Section(s): Income-tax Act, 1961, ss. 92CA(1), 92CA(3), 143(2), 143(3), 144C, 147, 148

Reassessment—Notice—International transactions—Reference to Transfer Pricing Officer—General principles—No assessment proceedings pending at time of r...

[2023] 455 ITR 705 (Del)

IFCI Factors Ltd. Bank of India (Del)

Release Date: November 3, 2023

Recovery of tax—Priority of debts—Priority only over unsecured creditors—Income-tax Act, 1961....

[2023] 456 ITR 365 (Bom)

Pr. CIT v. Ashwin Purshotam Bajaj (Bom)

Release Date: November 2, 2023

Section(s): Income-tax Act, 1961, s. 069

Business expenditure—Bogus purchases—Unexplained investment—Estimation of profit—Addition made on account of bogus purchases as unexplained money base...

[2023] 456 ITR 249 (SC)

Pr. CIT v. Smt. Renu Aggarwal (SC)

Release Date: November 1, 2023

Section(s): Income-tax Act, 1961, ss. 068, 260A

Cash credits—Transactions in penny stocks—Finding that there was no adverse comment from stock exchange or company whose shares involved—Assessing Off...

[2023] 456 ITR 61 (Del)

Cement Corporation of India ltd. v. Asst. CIT (Del)

Release Date: October 31, 2023

Section(s): Income-tax Act, 1961, s. 254 ; Income-tax Appellate Tribunal Rules, 1963, s. 024

Appeal to Appellate Tribunal—Ex parte order—Powers of Tribunal—Tribunal has power to set aside ex parte order—Matter remanded to Tribunal to decide ap...

[2023] 105 ITR (Trib) (S.N.) 77 (ITAT[Del])

Unitech Realty P. Ltd. v. Dy. CIT (ITAT[Del])

Release Date: October 30, 2023

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

Penalty—Concealment of income—Assessee in assessment proceedings requesting to be assessed at nil income instead of at loss declared in return subject...

[2023] 105 ITR (Trib) (S.N.) 74 (ITAT[Del])

Asst. CIT v. Bharti Haxacom Ltd. (ITAT[Del])

Release Date: October 29, 2023

Section(s): Income-tax Act, 1961, ss. 035ABB, 037(1), 040(a)(ia), 194H

"Business expenditure—Assessee engaged in cellular phone and landline services pursuant to licence granted by Department of Telecommunications—Licence ... "

[2023] 456 ITR 148 (Jhar)

Suresh Kumar Agarwal v. Union of India (Jhar)

Release Date: October 28, 2023

Section(s): Income-tax Act, 1961, s. 276CC

"Offences and prosecution—Wilful failure to file return—Section 276CC requires mens rea—Belated return and payment of tax and interest based on return ... "

[2023] 456 ITR 34 (Del)

CIT v. Brandix Mauritius Holdings Ltd. (Del)

Release Date: October 27, 2023

Assessment—Communication of orders from Assessing Officer—Validity—Circular of Board mandating document identification number for communications—Circu...

[2023] 107 ITR (Trib) 241 ITAT (Jodh) – Bench

Kuldeep Kumar v. ITO (ITAT[Jodh])

Release Date: October 26, 2023

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

"Reassessment—Notice—Cash credits—Undisclosed income—Due to technical reasons, there were two entries of cash deposits—Source of deposits was gifts rec... "

[2023] 456 ITR 110 (Madras High Court)

Dr. A. M. Arun v. I. T. Department (Mad)

Release Date: October 25, 2023

Section(s): Income-tax Act, 1961, ss. 276B, 278B ; Constitution of India, s. 226

Offences and prosecution—Writ—Company—Notice to director treating him as principal officer of company—Question whether such director was principal off...

[2023] 456 ITR 17 ( Cal )

Kunal Daga v. Union of India (Cal)

Release Date: October 24, 2023

Section(s): Income-tax Act, 1961, ss. 147, 148A(b), 148A(d) ; Constitution of India, s. 226

Writ—Reassessment—New procedure—Notice—Order passed on facts not stated in show-cause notices—Violation of principles of natural justice at different ...

[2023] 456 ITR 84 ( Del )

Pr. CIT v. Prabhu Dayal Aggarwal (Del)

Release Date: October 23, 2023

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

[2023] 107 ITR (Trib) 37 ( ITAT[Chen ])

Saravana Stocks Investments v. Dy./Asst. CIT (ITAT[Chen])

Release Date: October 22, 2023

Section(s): Income-tax Act, 1961, ss. 028, 045, 253, 254, 263

Appeal to Appellate Tribunal—Delay—Condonation—Appeal against Commissioner’s order of revision—Assessee acting on wrong advice and prosecuting alterna...

[2023] 458 ITR 91 ( Kar )

Mrs. Margrit Goverdhan v. ITO (Kar)

Release Date: October 21, 2023

Section(s): Income-tax Act, 1961, s. 045

Capital gains—Transfer—Time of transfer—Joint development agreement in respect of land in November 2008—Agreement clearly stating that developer given...

[2023] 457 ITR 647 (Bom)

Siemens Financial Services Pvt. Ltd. v. Dy. CIT (Bom)

Release Date: October 20, 2023

Section(s): Income-tax Act, 1961, ss. 147(1), 148, 148A(d), 149(1)(b), 151(i), 151(ii)

Reassessment—Notice—Sanction of competent authority—New procedure—Extension of time-limits by 2020 Act—Supreme Court ruling in Union of India v. Ashis...

[2023] 457 ITR 765 ( Bom )

Pr. CIT v. Trigent Software Ltd. (Bom)

Release Date: October 19, 2023

Section(s): Income-tax Act, 1961, s. 037

Business expenditure—Capital or revenue expenditure—Tests—Software company incurring expenditure on developing new product—New product abandoned as no...

[2023] 457 ITR 733 ( Del )

Pr. CIT v. Eltek SGS Pvt. Ltd. (Del)

Release Date: October 18, 2023

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

Depreciation—Goodwill—Goodwill created as result of amalgamation—Is intangible asset eligible for depreciation—Income-tax Act, 1961, s.32(1), Expln. 3...

[2023] 457 ITR 644 (BOM)

Equitable Financial Consultancy Services v. ITO (Bom)

Release Date: October 17, 2023

Section(s): Income-tax Act, 1961, ss. 147, 148, 151(1) ; Constitution of India, s. 226

Reassessment—Notice after four years—Sanction of prescribed authority—Approval ought to be given by Principal Chief Commissioner or Chief Commissioner...

[2023] 107 ITR (Trib) 11 ( ITAT[Chand ])

Apna Punjab Resorts Ltd. v. Pr. CIT (ITAT[Chand])

Release Date: October 16, 2023

Section(s): Income-tax Act, 1961, ss. 056(2)(viib), 263 ; Income-tax Rules, 1962, ss. 011U, 011UA

Revision—Erroneous and prejudicial to Revenue—Income from other sources—Receipt of share premium—Assessee adopting discounted cash flow method to valu...

[2023] 105 ITR (Trib) (S.N.) 22 ( ITAT[Pune ])

Anoop Gopikishan Jaju v. Asst. CIT (ITAT[Pune])

Release Date: October 15, 2023

Section(s): Income-tax Act, 1961, ss. 069, 254

Income from undisclosed sources—Unexplained investment—Party at whose premises Income-tax survey conducted admitting receipt of on-money from sale of ...

[2023] 105 ITR (Trib) (S.N.) 20 ( ITAT[Mum ])

ITO v. Albatross Share Registry P. Ltd. (ITAT[Mum])

Release Date: October 14, 2023

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

Cash credits—Burden of proof—Share capital and share premium received from 17 companies—Replies of all 17 companies to notice under section133(6)filed...

[2023] 105 ITR (Trib) (S.N.) 18 ( ITAT[Del ])

BAE Systems Information & ESI Inc. v. ADIT (ITAT[Del])

Release Date: October 13, 2023

Section(s): Income-tax Act, 1961, ss. 199(3), 254

Deduction of tax at source—Credit for—Invoices for sale of software raised by assessee and entire income arising thereunder offered to tax in return f...

[2023] 455 ITR 512 ( HP )

H. P. Nursing Registration Council v. Pr. CIT (HP)

Release Date: October 12, 2023

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

Income—Assessability as income—Meaning of “income”—Institution established by State Government to regulate registration of nurses and maintain standar...

[2023] 455 ITR 553 ( Cal )

Pr. CIT v. Kalinga Metalics Ltd. (Cal)

Release Date: October 11, 2023

Section(s): Income-tax Act, 1961, s. 260A

Appeal to High Court—Delay in filing appeal—Condonation of delay—General principles—Delay in filing appeal by Department due to procedural constraints...

[2023] 455 ITR 479 ( Mad )

Karur Kongu Charitable Trust v. ITO (Exemptions) (Mad)

Release Date: October 10, 2023

Section(s): Income-tax Act, 1961, ss. 147, 148 ; Constitution of India, s. 226

Reassessment—Validity—Writ—Appeal filed against notice—Writ petition against notice—Not maintainable—Income-tax Act, 1961, ss.147,148—Constitution of ...

[2023] 455 ITR 562 ( All )

Jai Shankar Singh v. Union of India (All)

Release Date: October 9, 2023

Section(s): Income-tax Act, 1961, ss. 139(1), 139(4), 276CC

Offences and prosecution—Failure to file return “in due time”—Return filed after due date but before notice issued and payment of tax with interest—No...

[2023] 455 ITR 539 ( Jhar )

Naveen Kumar Jaiswal v. ITD (Jhar)

Release Date: October 8, 2023

Section(s): Income-tax Act, 1961, ss. 050C, 147, 148

Reassessment—Notice—Validity—Reasons recorded stating that assessee had purchased immovable property whereas assessee and his co-sharers had sold land...

[2023] 105 ITR (Trib) (S.N.) 13 ( ITAT[Hyd ])

Tel. State Chapter Indian R &I Assn. v. ITO (ITAT[Hyd]

Release Date: October 7, 2023

Section(s): Income-tax Act, 1961, s. 080G(5)(iii)

Donations to charitable institutions—Special deduction—Registration of institution—Assessee-society selecting wrong section code in application for re...

[2023] 455 ITR 456 ( Cal )

Jankalyan Vinimay Pvt. Ltd. v. Dy. CIT (Cal)

Release Date: October 6, 2023

Recovery of tax—Stay of recovery—High pitched assessment—Appeals against assessment filed within period of limitation but not disposed of for long tim...

[2023] 455 ITR 449 ( Ori )

Mahimananda Mishra v. Asst. CIT (Ori)

Release Date: October 5, 2023

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

Income—Dividend—Deemed dividend—Unsecured loan from company wherein partner of assessee-firm shareholder—Dividend taxable in hands of individual who h...

[2023] 455 ITR 384 ( P&H )

Kaveri Infrastructure Pvt. Ltd. v. CIT (P&H)

Release Date: October 4, 2023

Section(s): Income-tax Act, 1961, ss. 080IA, 147, 148

Reassessment—Notice after four years—Condition precedent—Failure by assessee to disclose material facts during original assessment necessary for reass...

[2023] 455 ITR 432 ( Telangana )

Kausalya Agro Farms & Dev. v. Dy. CIT (Telangana)

Release Date: October 3, 2023

Section(s): Income-tax Act, 1961, ss. 036(1)(iii), 147, 254

Appeal to Appellate Tribunal—Scope of proceedings—Appeal by assessee against order affirming disallowance in part—No cross objections filed by Departm...

[2023] 455 ITR 380 ( All )

Achal Kumar Agrawal v. Pr. CIT (All)

Release Date: October 2, 2023

Section(s): Income-tax Act, 1961, ss. 147, 148, 264 ; Constitution of India, s. 226

Writ—Maintanability—Reassessment—Notice—Reassessment order—Findings recorded by assessing authority not challenged before appellate authority or revis...

[2023] 455 ITR 370 ( Kar )

Sanath Kumar Murali v. ITO (Kar)

Release Date: October 1, 2023

Section(s): Income-tax Act, 1961, ss. 048, 147, 148, 148A(b), 148A(d), 149

Reassessment—Notice after three years—Limitation—Capital gains—Order for issue of notice without considering reply filed by assessee to initial notice...

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

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

Release Date: September 23, 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] 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 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) 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...