This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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Prohibition of Benami Property Transactions Act, 1988
S. 24(1): Benami Transactions-Attachment of property-Satisfaction of initiating Officer that person in possession of property held benami may alienate property during period specified in notice-No material in possession of initiating officer, to show property held benami is likely to be sold-Attachment order is set aside. [S.2(8), 2(9), 24(3), Art. 226]
Meera Pandey (Smt) v. UOI (2024)465 ITR 366 /164 taxmann.com 188 (All)(HC)
S. 276 : Offences and prosecutions-Wilful attempt to evade tax-Under reporting of income-Search-Settlement Commission-Pending criminal prosecution is not brought to knowledge of Settlement Commission-Immunity against prosecution granted by Settlement Commission without knowledge of pending prosecution-Provisions of Section 245I is not applicable-Prosecution cannot be quashed. [S. 132, 245C, 245H(1), 245-I, 277, Art. 226]
S. S. Hyderabad Biriyani Pvt. Ltd. v.Dy. CIT (Inv) (2024)465 ITR 391/ 160 taxmann.com 417 (Mad)(HC) S. Abdul Samd v. Dy. DIT (Inv) 2024)465 ITR 391/ 160 taxmann.com 417 (Mad)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Long term capital gain-Order not prejudicial to interests of Revenue-Revision is not sustainable.[S. 10(38), 45, 260A]
Karan Jain v. UOI (2024)465 ITR 1/164 taxmann.com 1066 (Gauhati) (HC)
S. 245D : Settlement Commission-Settlement of cases-Settlement Commission has wide power under Chapter XIX-A-High Court can interfere only if decision of Settlement Commission is not in accordance with provisions of Act or if it were based on bias, fraud and malice.[S. 245D(4), 245I, Art. 226]
PCIT v. ITSC (2024)465 ITR 45 (Bom)(HC)
S. 245D : Settlement Commission-Settlement of cases-Settlement Commission has wide power under Chapter XIX-A-High Court can interfere only if decision of Settlement Commission is not in accordance with provisions of Act or if it were based on bias, fraud and malice.[S.80IB(10), 245D(4), 245I, 292C(i)(ii), Art. 226]
CIT v. ITSC (2024)465 ITR 19/161 taxmann.com 495 (Bom)(HC)
S. 244A : Refunds-Interest on refunds-Delay in application under circumstances beyond control of assessee-Delay is condoned-Entitled to interest on refund-Money held without authority-Directed to grant interest under section 244A. [S.194LA, Form No.16A, 26AS, R. 31(3), Art. 226]
Mohanbhai Madhavjibhai Bharad v. PCIT (2024) 465 ITR 313/ 336 CTR 578 /158 taxmann.com 13 (Guj)(HC)
S. 244A : Refunds-Interest on refunds-Amounts paid as advance tax and tax deducted at source must be included-Interpretation of taxing statutes-Words must be given their natural meaning.[S. 143(1), 244A(1)(a)]
CEAT Ltd. v CIT (2024)465 ITR 276 /159 taxmann.com 535 (Bom)(HC)
S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal before CIT(A)-Stay granted subject to deposit of 20 Per Cent. of demand after considering merits of case is justified-Writ petition is dismissed.[S. 226,250, Art. 226]
Treadsdirect Ltd. v. ACIT (No. 1) (2024)465 ITR 346 (Mad)(HC)
S. 197 : Deduction at source-Certificate for lower rate-Payment to Non-Resident-Reimbursement of cost-to-cost payment-Payment for authorisation to use licensed computer software-No transfer of copyright-Payment not royalty-Duty of Assessing Officer to examine whether income in question chargeable to tax Eligible assessee-Draft assessment order-Rejection of application for certificate of nil deduction of tax based on draft assessment order is not proper-Rejection order is set aside.[9(1)(vi), 144C, 195, Art. 226, R.28AA(2)]
Lionbridge Technologies LLC v. Dy. CIT (IT) (2024)465 ITR 454/ 338 CTR 775 (Delhi)(HC)