Year: 2020

Archive for 2020


Hirdey Ram v. CIT (2020) 421 ITR 4 (P&H) (HC)

S. 264 : Commissioner-Revision of other orders-Rejection of application on the ground that availability of remedy of appeal-Commissioner is directed to decide the application on its merits. [Art. 226]

Ajai Kumar Singh Khaldelial v. CIT (2020) 421 ITR 6/186 DTR 57 / 312 CTR 473/(2021) 277 Taxman 91 (All.)(HC)

S. 264 : Commissioner-Revision of other orders-Expenses or payments not deductible-Cash payments exceeding prescribed limits-Use of electronic clearing system through bank account-Deposit of cash directly in beneficiary’s bank account beyond prescribed limit-Transaction not through clearing house of electronic mode-Business expediency is not established-Disallowance is held to be justified. [S. 40A(3), R.6DD, Art. 226]

CIT v. MSD Pharmaceuticals (P.) Ltd. (2020) 113 taxmann.com 136 / 269 Taxman 49 (Delhi) (HC) Editorial : SLP of revenue is dismissed; CIT v. MSD Pharmaceuticals (P.) Ltd. (2020) 269 Taxman 48 (SC)

S. 254(2A) : Appellate Tribunal-Stay-Order of Tribunal granted the stay is affirmed-Appeal is held to be misconceived. [S.253, 260A]

CIT(IT) v. Andritz AG. (2020)113 taxmann.com 407 / 269 Taxman 206 (Delhi)(HC) Editorial : SLP is granted to the revenue; CIT (IT) v. Andritz AG. (2020) 269 taxman 205 (SC)

S. 234B : Interest-Advance tax-Non-resident-Deduction of tax at source-It was obligation of payer to deduct entire tax at source and, assessee was not liable to pay any advance tax-Interest cannot be charged.

Jayanthi Seeman v. CIT (2020) 421 ITR 320 (Mad.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default- Stay-Existence of prima facie case, financial stringency and balance of convenience-Duty of PCIT and responsibility of assesse-Status quo to be maintained till disposal of stay petitions by PCIT. [S. 220(3), 220(6), Art.226]

Karmvir Builders v. PCIT (2020) 113 taxmann.com 138 / 269 Taxman 46 (Guj.)(HC) Editorial : SLP of assessee is dismissed Karmvir Builders v. PCIT (2020) 269 Taxman 45 (SC)

S. 220 : Collection and recovery-Assessee deemed in default- Stay-Stay was granted subject to depositing 15% of outstanding demand.

Sankaranarayanan Rajshekar v. DCIT (2020) 269 Taxman 105 (Mad.)(HC)

S. 199 : Deduction at source-Credit for tax deducted-Salary-Rectification application is not disposed off-AO is directed to consider the application and pass orders on merits and in accordance with law. [S. 143(3) 154, 192]

National Petroleum Construction Co. v. DCIT (2020) 421 ITR 24/ 312 CTR 217 / 185 DTR 57/ 271 Taxman 150 (Delhi) (HC).Editorial : National Petroleum Construction Co. v. Dy. CIT (2022)446 ITR 382 (SC) matter referred to larger Bench .

S. 197 : Deduction at source-Certificate for lower rate-Payment to non-resident-Assessee proposing certificate for deduction at lower rate and department issuing certificate in those terms- Assessee cannot challenge certificate and seek deduction at nil rate. [S. 195, Art.226]

Times VPL Ltd. v. CIT (2020) 421 ITR 170/312 CTR 284/185 DTR 139/ 275 Taxman 176 (Karn.)(HC)

S. 194C : Deduction at source-Contractors-Contract for sale of goods-Agreement for bulk sale of advertising space — Provision is not applicable.

PCIT v. Star Entertainment Media (P.) Ltd. (2020) 269 Taxman 66 (Bom.)(HC)

S. 194C : Deduction at source-Contractors-Channel placement fee- Payment to cable operators for channel placement fee was subject to deduction of tax at source u/s. 194C and not under S. 194J of the Act. [S. 194J]