Author: ksalegal

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Randstad India P. Ltd. v. DCIT (2018) 401 ITR 369 (Mad) (HC)

S. 244A : Refunds – Interest on refunds – CBDT notification dt. 1-8-2002 and Citizen’s Charter of Income-Tax Department In 2014 – Direction was issued to process the returns where refunds are due to be processed expeditiously . [ S. 143(1)]

Sahebsingh Bindrasingh Senagar HUF v. CIT (2018) 402 ITR 368 /164 DTR 21 8 /254 Taxman 280/ 302 CTR 480 (Guj)( HC)

S. 242 : Refunds – HUF – Delay due to rectification of errors in certificate tax deduction at source- Return should have been treated a valid return and other consequences will follow [ S. 119(2), 239 ]

Corrtech International P. Ltd. v. DCIT (2018) 401 ITR 355/ 161 DTR 441/ 300 CTR 425 (Guj) (HC)

S.241: Refunds-Power to with hold in certain cases- Non granting of refund citing issue of notice u/s 143(2) was held to be not valid [ S. 143(1) ,143(2) 143(3) ]

Randstad India (P.) Ltd. v. Dy. CIT (2018) 401 ITR 369/ 252 Taxman 204 / 163 DTR 298 / 301 CTR 337 (Mad.)(HC)

S. 237 : Refunds – Assessing Officer was directed to consider and process assessee’s representation and dispose of same as expeditiously as possible and refund could not be denied/withheld merely because issuance of notice under section 143(2) [ S. 143(1) 143(ID), 143(2)]

GIE Jewels. v. ITO (2018) 168 ITD 260 /192 TTJ 852 /166 DTR 118 (Jaipur) (Trib.)

S. 234B : Interest – Advance tax -Book profit – Interest shall be payable for failure to pay alternative Minimum tax [ S.115JC ]

CIT v. Baby Marine Exports. (2018) 402 ITR 420/ 254 Taxman 375 / 163 DTR 503 / 303 CTR 287(Ker) (HC)

S. 234B : Interest – Advance tax -Assessment order was set aside and refund of advance tax was granted ,interest could not be levied .

Gaonkar Mines v. Addl. CIT (2018) 252 Taxman 158 (Karn.)(HC)

S. 234A : Interest – Default in furnishing return of income –Waiver of interest- Rejection of application was held to be valid [ S. 40(a)(ia) , 234B, 234C ]

C. V. Jayachandran v. CIT (2018) 401 ITR 484 (Ker) (HC)

S. 234A : Interest – Default in furnishing return of income – Waiver – Capital gains – Circular only guideline having no overriding effect on statutory provision — Rejection of application for waiver of interest by Chief Commissioner was held to be proper . [ S. 45, 119 (2) , 143(1) (a) ]

ACIT v. Epson India Pvt. Ltd ( 2018) 163 DTR 81 / 301 CTR 242 ( Karn) (HC)

S. 226 : Collection and recovery – Stay- PCIT & ACIT directed to pay personal costs for filing frivolous writ petition to challenge ITAT stay order.[ S. 220, 222,254(2A) ]

Vodafone India Ltd. v. CIT (2018) 400 ITR 516/164 DTR 261 / 305 CTR 609 (Bom) (HC)

S. 226 : Collection and recovery – Stay of proceedings – Deduction at source – Appeal pending before CIT(A)- Refusal to extend stay merely because the assessee had funds was held to be not proper , when the Board has given instructions that stay must be granted on paying 15% of tax in dispute when appeal is pending before CIT( A) .Assessee has paid 38% of demand [ S. 225 ]