S.264 – Limitation should not come in the way while entertaining revision application u/s 264 when a genuine mistake was detected after completion of assessment. Here, CIT had ignored the history of litigation to the filing of revision petition. Further, revision petition was filed pursuant to Court’s order in first round granting leave to the Petitioner to approach CIT by filing petition u/s 264.

[Rites Ltd. vs. CIT – Writ Petition (C) No.5331/2014 – Date: 03.07.17 – Delhi High Court]
S.200 – Granting fifteen days extra time to “government deductor” as compared to “other deductor” to file TDS statements, is not in any manner “unreasonable” and “discriminatory”.

[Rajesh Kourani vs. Union of India – Special Civil Application No. 302 of 2014 – Date: 20.06.17 – Gujarat High Court]

S.200A – Even in absence of any “machinery provision” for computation of “fee” u/s 200A, it is open to the department to charge “fee” u/s 234E itself.

[Rajesh Kourani vs. Union of India – Special Civil Application No. 302 of 2014 – Date: 20.06.17 – Gujarat High Court]
S.147 – As per 3rd proviso to S.147, AO cannot reopen a case for an issue which has been already scrutinized earlier by AO and is pending in appeal.

[Radhaswami Salt Works vs. ACIT – Special Civil Application No.16644 of 2012 – Date: 14.06.17 – Gujarat High Court]
S.44AA – Separate books of accounts would be justified only when several distinct business are carried on and not when several business activities are carried on within the same business.

[CIT vs. Reliance Supply Chain Solutions Ltd. – Income Tax Appeal No. 892 of 2014 – Date: 05.07.17 – Bombay High Court]
S.37(1) – Predevelopment expenses which are directly identifiable with the operations and maintenance of existing business shall be treated as revenue expenses, irrespective of the treatment given in the books of accounts.

[CIT vs. Reliance Supply Chain Solutions Ltd. – Income Tax Appeal No. 892 of 2014 – Date: 05.07.17 – Bombay High Court]
S.2(24) – Amendment to S.2(24) came w.e.f. 1.4.2013 and hence, prior thereto, amount received as “share premium”, being capital in nature, is not taxable.

[PCIT vs. M/s Apeak Info tech – Income Tax Appeal No.26/2017 – Date: 08.06.17 – Bombay High Court]
S.271(1)(c) – Merely because a claim was not accepted, assessee should not be automatically exposed to penalty proceedings. Here, assessee claimed that amount received on transfer of intellectual property rights was exempt from tax as it was capital in nature, full disclosure was made in respect of the same in the return of income along with reasoning for such claim. No penalty u/s 271(1)(c) could be levied in such a scenario.

[CIT vs. Org informatics Ltd. – Tax Appeal No.360 of 2017 – Date: 14.06.17 – Gujarat High Court]
S.221(1) – Penalty u/s 221(1) cannot be levied on the “interest component” charged on “tax”.

[CIT vs. M/s. Oryx Finance and Investment Pvt. Ltd. – Income Tax Appeal No.1 of 2015 – Date: 01.07.17 – Bombay High Court]

S.221(1) – Penalty u/s 221(1) cannot exceed the amount of “tax in arrears”.

[CIT vs. M/s. Oryx Finance and Investment Pvt. Ltd. – Income Tax Appeal No.1 of 2015 – Date: 01.07.17 – Bombay High Court]
S.147 – In case of amalgamation, assessment of “transferor-company” can only be framed by AO of “transferee-company.” Here, amalgamation scheme was sanctioned w.e.f 01.04.08 and AO of “transferor-company” sought to reassess income of “transferor-company” for AY 09-10. Hence, reopening notice was quashed by Hon’ble the High Court.

[Reliance Media Works Ltd. vs. ACIT – Writ Tax No.505 of 2014 – Date: 05.05.17 – Allahabad High Court]
S.80IB(10) r.w.s. 139(1) & 139(5) – Even if a particular claim [here, 80IB(10)] does not form a part of original return or even revised return, it could still be considered either by appellate authorities [i.e. CIT (A) & ITAT] by themselves, or on remand, by AO, provided the relevant material was available on record. (Note: S.80A(5) not discussed).

[CIT vs. M/s Abhinitha Foundation Pvt. Ltd. – Tax Case Appeal No.811 of 2016 – Date: 06.06.17 – Madras High Court]
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