Sec. 201 – ITAT Order not accepted by department and pending appeal should be followed by Dept. for succeeding assesssment years unless operation of order is stayed/suspended.
Income Tax Officer (International Taxation) IT Ward 2(3)(2) v. GIA Laboratory (P.) Ltd. – [2022] 145 taxmann.com 650 (SC).
Sec. 40(a)(iib) – Surcharge as sales tax or turnover tax paid by assessee company to State Government was not a ‘fee or charge’ coming within scope of section 40(a)(iib); review petition dismissed.
Assistant Commissioner of Income-tax v. Kerala State Beverages Manufacturing and Marketing Corporation Ltd. – [2022] 145 taxmann.com 513 (SC).
Central Govt. notifies Special Court in Odisha for the purpose of Income Tax & Black Money Act.
Notification No. S.O. 6066 (E), dated 26-12-2022.
Sec. 260A – Limitations – Where there was delay of 86 days in preferring appeal before High Court by revenue, High Court ought to have condoned delay and ought not to have been too technical in dismissing appeals on ground of delay.
Principal Commissioner of Income-tax v. Suncity Projects (P.) Ltd. – [2022] 145 taxmann.com 458 (SC).
Sec. 264 – Where assessee filed revision petition u/s 264 against an assessment order instead of statutory appeal, assessee should not be left remediless and should not be non-suited even to avail revisional remedy if he had chosen not to avail statutory appeal, thus revision petition ought to be heard and disposed off on merits.
Vikas Nigelia v. Commissioner of Income-tax – [2022] 145 taxmann.com 317 (Calcutta).
CBDT issues new SOPs on filing of appeals/SLPs by the income-tax department in the Supreme Court.
Instruction No. 2/2022, dated 15-12-2022.