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Section 54F(1) is a mandatory and substantive provision while section 54F(4) is only a procedural section.
Ashok Kumar Wadhwa Vs ACIT
(2022) TaxCorp(LJ) 29444 (ITAT-DELHI) · Section 54F
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Where, procedural rules result in miscarriage or travesty of its purpose, such rules sometimes have to be passed over in the larger interest of justice.
Jaykrishna Dharmeshbhai Pathak Vs Income Tax Officer
(2022) TaxCorp(LJ) 29443 (ITAT-MUMBAI)
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In absence of primary facts with regard to source of investment, Revenue has rightly recorded that the assessee has not furnished details with regard to the source of investment and hence the unexplained investment chargeable to tax has escaped assessment.
Ardent Ventures LLP Vs INCOME TAX OFFICER
(2022) TaxCorp(LJ) 29442 (HC-GUJARAT)
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It is a case of simple clerical error and there is no case of contumacious conduct on the part of the appellant.
Ceramic Tableware Pvt. Ltd vs Commissioner of Customs
(2022) TaxCorp(LJ) 29441 (ITAT-DELHI)
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The assessment order is neither erroneous nor prejudicial to the interest of the Revenue and PCIT erred in revising the assessment order.
Coimbatore Vaiyapuri Maathesh Vs The Income Tax Officer
(2022) TaxCorp(LJ) 29440 (ITAT-CHENNAI) · Section 270A
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Section 50 inapplicable on sale of building from discontinued business which was held by the Assessee as investments.
Goverdhan Prasad Singhal Vs The DCIT
(2022) TaxCorp(LJ) 29439 (ITAT-JAIPUR)
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Jurisdictional error is distinguishable from an error of law/fact within the jurisdiction and the latter is rectifiable within the statutory framework.
GIAN Castings Private Limited Vs CENTRAL BOARD OF DIRECT TAXES & ORS.
(2022) TaxCorp(LJ) 29432 (SC)
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Even if the interest income is connected with the Assessee’s PE, it can only be brought to tax in India when the it is directly or indirectly attributable to the PE.
Marubeni Corporation, Japan Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29425 (ITAT-MUMBAI)
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The apprehension of coercive measures being employed need to be real and like so that the principle of 'presence of an advocate, at visible, but not audible distance' be applied.
Satyendar Kumar Jain Vs DIRECTORATE OF ENFORCEMENT
(2022) TaxCorp(LJ) 29424 (HC-DELHI)
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Since the loan is repaid by the Assessee in AY 2013-14, therefore addition u/s 68 is being deleted and interest paid is allowable u/s 36(1)(iii).
Talisman Securities Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29423 (ITAT-MUMBAI) · Sections 68, 133(6)
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Under section 244A, interest provided for under the statute can only be claimed by the assessee from the Revenue and no other interest on such statutory interest is payable.
MSM Satellite (Singapore) Pte. Ltd. Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29422 (ITAT-MUMBAI) · Section 244A
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NFAC was not justified in sustaining the addition where, on basis of facts it was demonstrated that assessee had substantial cash sales throughout the year, and the cash sales leading to cash deposit was not just close to the demonetisation period.
Lateef Abdul Mohd. Vs Income Tax Officer
(2022) TaxCorp(LJ) 29421 (ITAT-HYDERABAD) · Section 69A
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Prosecution under Section 276(B) shall not normally be proposed when the amount involved and the period of default is not substantial.
Dev Multicom Private Ltd Vs The State of Jharkhand
(2022) TaxCorp(LJ) 29420 (HC-JHARKHAND)
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Pendency of appeal before HC on eligibility of income for exemption under Section 11 cannot be a reason for PCIT to cancel registration.
Devaraj Urs Educational Trust for Backward Classes Vs Principal CIT (Central)
(2022) TaxCorp(LJ) 29419 (ITAT-BANGALORE) · Section 12A
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Reopening reasons have to be read on standalone basis without any scope of addition, deletion or substitution therein even if supportive material emerges at a later stage.
Sanjay Sadashiv Navale Vs DCIT
(2022) TaxCorp(LJ) 29418 (ITAT-PUNE)
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Where there are two possible views and the Assessing Officer has taken one of the possible views, no action to exercise powers of revision can arise, nor can revisional power be exercised for directing a fuller enquiry to find out if the view taken is erroneous.
Genpact Consulting [Singapore] Pte Ltd Vs The C.I.T
(2022) TaxCorp(LJ) 29417 (ITAT-DELHI)
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Assessing officer can grant deposit orders of a lesser amount than 20% pending appeal without making reference to the administrative Pr.CIT/CIT.
Queen Agencies Vs The Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29404 (HC-MADRAS) · Section 220(6)
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By merely transferring funds as unsecured loan or advances towards share capital will not trigger the deeming provision under section 56(2)(viib).
Impact RetailTech Fund Pvt. Ltd Vs ITO -6(2)(4)
(2022) TaxCorp(LJ) 29403 (ITAT-MUMBAI) · Section 56(2)(viib)
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The conclusion of the PCIT that it is necessary to maintain separate books of account is not sustainable.
Virtusa Consulting Services Pvt. Ltd Vs The Deputy Commissioner of Income-tax
(2022) TaxCorp(LJ) 29402 (HC-MADRAS) · Section 263
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Government is directed to decide on the submissions preferred by the Petitioner w.r.t. amendments creating Faceless ITAT as early as possible and practicable.
Praveen Kumar Bansal Vs MINISTRY OF FINANCE & ORS
(2022) TaxCorp(LJ) 29401 (HC-DELHI)
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