Author: ksalegal

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CIT v. Sengunthar Matriculation Higher Secondary School (2021) 277 Taxman 252 (Mad.)(HC)

S. 10(23C) : Educational institution-Exemption cannot be denied on ground that it does not have independent Memorandum of Association, Bye laws, etc. [S. 10 (23)(vi)]

Mallika Chamua v. Union of India (2021) 277 Taxman 574 (Gauhati)(HC)

Prohibition of Benami Property Transaction Act, 1988

S. 2(9) : Benami transaction – Property held in spouses’s name- Notice issued was stayed . [ S.24 ]

CIT v. Rikhabchand Vinod Kumar (2021) 277 Taxman 431 (Mad.)(HC)

The Direct Tax Vivad Se Vishwas Act, 2020.

S. 4 : Filing of declaration and particulars to be furnished – – Withdrawal application is allowed – Given liberty to restore this appeal in event ultimate decision to be taken on declaration filed by assessee under section 4 was not in favour of assessee . [ S.254 (1)

CIT v. J. Ashok Kumar (2021) 277 Taxman 434 (Mad.)(HC)

The Direct Tax Vivad Se Vishwas Act, 2020.

S. 4 : Filing of declaration and particulars to be furnished – Remand of matter – Withdrawal application is allowed – Given liberty to restore this appeal in event ultimate decision to be taken on declaration filed by assessee under section 4 was not in favour of assessee

Chokkalingam Sudhakar v. Dy. CIT (2021) 277 Taxman 312 (Mad.)(HC)

Direct Tax Vivad Se Vishwas Act, 2020

S. 4 : Filing of declaration and particulars to be furnished – Withdrawal application is allowed – Given liberty to restore this appeal in event ultimate decision to be taken on declaration filed by assessee under section 4 was not in favour of assessee [ S. 54F ]

Dy .CIT v. Jamnalal Sons ( P )Ltd ( 2020 ) 189 DTR 69/ 203 TTJ 1008 ( Nag) ( Trib ) Dy.CIT v. Bachhraj Bhavan ( 2020 ) 189 DTR 69/ 203 TTJ 1008 ( Nag) ( Trib )

S. 147 : Reassessment – Book profit – No failure to disclose material facts – With in four years – Change of opinion – Reassessment is held to be bad in law . [ S.14A, 115JB , 148 ]

Dy .CIT v. Arjav Diamond India (P) Ltd ( 2020) 187 DTR 59/ 203 TTJ 771 ( Mum)( Trib)

S. 271G : Penalty – Documents – International transaction – Transfer pricing –Failure to maintain documents – Levy of penalty is held to be not justified . [92C(1), 92CA, 92D, 92D(1)]

ITO v. Tianjin Tianshi India P. Ltd. (2020) 189 DTR 26 / 205 TTJ 107 (Delhi)(Trib.) ITO v. Tianjin Tianshi India P. Ltd. (2020) 189 DTR 26 / 205 TTJ 107 (Delhi)(Trib.)

S. 271(1)(c) : Penalty – Concealment – Failure to deduct tax at source – Transfer pricing adjustments- Explanation 7- Deletion of penalty is held to be justified . [ S.92C ]

Total Transport Systems Ltd v. ITO ( 2020) 187 DTR 53/ 203 TTJ 385 (Bang )(Trib)

S. 246A : Appeal – Commissioner (Appeals) – Appealable orders –Dismissal of appeal – CIT (A) is directed to decide the appeal on merits . [ S.234E, 250 ]

Rajasthan State Mines & Minerals Ltd v. ACIT ( 2020) 187 DTR 217 /207 TTJ 764 ( Jodhpur ) ( Trib)

S. 206C : Collection at source – Trading – Alcoholic liquor – Forest produce – Scrap – Levy of interest – Merely because the form No 27 filed by the assessee was incomplete levy of interest is not justified . [ S.201(IA , 206 (7) )