2023-TIOL-140-SC-IT

Bikram Singh Vs Pr.CIT

Whether issuance of notice prior to admission without framing any substantial question of law, has been contemplated under Section 260A - NO: SC

Whether it is permissible for the High Court to admit an appeal without framing any substantial question of law - NO: SC

- Appeal allowed: SUPREME COURT OF INDIA

2023-TIOL-139-SC-IT

Pr.CIT Vs Amadeus India Pvt Ltd

On considering the Special Leave to Petition filed by the Revenue, the Supreme Court directs that notice be issued to the parties concerned and that the matter be tagged with C.A. No.6485/2016 and C.A. No.3953/2017.

- Notice issued: SUPREME COURT OF INDIA

2023-TIOL-138-SC-IT

D M Kathir Anand Vs N S Phanidharan

On considering the Special Leave to Petition filed by the Assessee, the Supreme Court notes the Assessee's contention of having filed ITR for the relevant AY well before the assesment order was passed and that tax payable was paid as well. Nevertheless, the Department sanctioned prosecution of the Assessee with the observation that there is statutory presumption against the Assessee under Section 278E of the Act. Hence the Court admits the matter and directs that notice be issued to the parties concerned and also grants Stay on the proceedings against the Assessee in the intervening period.

- Notice issued: SUPREME COURT OF INDIA

2023-TIOL-137-SC-IT

ITO Vs Deccan Holdings BV

On considering the Special Leave to Petition filed by the Revenue, the Supreme Court directs that notice be issued to the parties concerned.

- Notice issued: SUPREME COURT OF INDIA

2023-TIOL-136-SC-IT

CIT Vs Ing Vysya Bank Ltd

On considering the Special Leave to Petition filed by the Department, the Supreme Court directs that notice be issued in respect of the SLP as well as application for condonation of delay.

- Notice issued: SUPREME COURT OF INDIA

2023-TIOL-135-SC-IT

CIT Vs Mukesh Bhansali Charities Trust

On considering the Special Leave to Petition filed by the Revenue, the Supreme Court notes there to be a delay of 1507 days in filing the SLP and that the explanation given is not satisfactory. The affidavit in support of the application seeking condonation of delay is also not satisfactory. Hence the Court dismisses the SLP filed by the Revenue.

- SLP dismissed: SUPREME COURT OF INDIA

2023-TIOL-134-SC-IT

CIT Vs National Agricultural Cooperative Marketing Federation of India Ltd

On consdering the Special Leave to Petition filed by the Revenue, the Supreme Court finds no reason to interfere with the order passed by the High Court. Hence the SLP is dismissed.

- Revenue's SLP dismissed: SUPREME COURT OF INDIA

2023-TIOL-133-SC-IT

Pr.CIT Vs Olam Exports India Ltd

On considering the Supreme Court finds no merit in the Special Leave to Petition filed by the Revenue and so proceeds to dismiss the same.

- SLP dismissed: SUPREME COURT OF INDIA

2023-TIOL-1194-ITAT-MUM

Rajesh Nobert Colaco Vs ACIT

Whether concealment by assessee calls for penalty u/s 271(1)(c) - YES: ITAT

- Assessee's appeal dismissed: MUMBAI ITAT

2023-TIOL-1193-ITAT-BANG

Seiko Watch India Pvt Ltd Vs Pr.CIT

Whether if sales incentive is a payment made on principal to agent basis, the said payment would come within the purview of commission under section 194H of the Act, and non-deduction of TDS would entail the expenditure to be disallowed under section 40(a)(ia) of the Act - YES: ITAT

- Assessee's appeal dismissed: BANGALORE ITAT

2023-TIOL-1192-ITAT-KOL

ITO Vs Maninya Comfin Pvt Ltd

Whether CIT(A) was justified in deleting the additions when assessee has provided sufficient explanation to prove the credit worthiness of the creditor - YES: ITAT

- Revenue's appeal dismissed: KOLKATA ITAT

2023-TIOL-1191-ITAT-AHM

Data Processing Forms Pvt Ltd Vs DCIT

Whether at stage of issuance of reopening notice, AO needs to only form prima facie belief that on basis of material on record, income had escaped assessment - YES: ITAT

- Assessee's appeal allowed: AHMEDABAD ITAT

2023-TIOL-1190-ITAT-NAGPUR

Atasha Ashirwad Builders Vs ACIT

Whether mere non-filing of TDS statement is a technical default and no penalty is warranted - YES: ITAT

- Assessee's appeal allowed: NAGPUR ITAT

2023-TIOL-1189-ITAT-KOL