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Puneet Sabharwal v. CBI (2024) 299 Taxman 1 / 466 ITR 314 (SC)

Prevention of Corruption Act, 1988.
S. 13: Criminal misconduct by a public servant-A Government Servant-Prevention of corruption-Criminal misconduct-Offences and prosecution-Discharge of accused-Special bearer bonds-Unexplained investments-Assets acquired in the name of son-Trust-Separate entity-Proceedings under Income Tax Act which were sought to be relied upon were related to assessment of income of assessee and not related to source of income and allegation of disproportionate assets under Prevention of Corruption Act, thus, said orders could not be basis to abort criminal proceeding-Trial court is directed to complete the trial expeditiously. The Court is only required to consider judicially whether the material warrants the framing of charge without blindly accepting the decision of the prosecution. Appeal is dismissed. The Trial court is directed to complete the trial expeditiously [S. 13(1)(c), 13(2) IT Act, 1961,S 69, 254(1) Art. 136]

PT Bukaka Teknik Utama v. CIT (IT) (2024) 299 Taxman 156 /338 CTR 156 / 471 ITR 629 (Delhi)(HC)

Direct Tax Vivad Se Vishwas Act, 2020

S. 2(1)(a) : Appellant-Amount payable and time of payment-Disputed tax-Filing of declaration and particulars to be furnished-Appeal dismissed by the Commissioner (Appeals)-Time limit for filing an appeal before Income tax Appellate Tribunal is not expired-Eligible to apply under provisions of DTVSV-The revenue is directed to proceed with the application of the assessee in accordance with the provisions of the DTVSV Act and other applicable regulations. [S.2(1)(a)(ii), 2(1)(j)(B), 4, S. 250, 254(1), Art. 226]

Unnamalai Thiagarajan v. CIT (Appeals) (2024) 299 Taxman 495 (Mad.)(HC)

S. 4 : Scope of total undisclosed foreign income and assets-Notice-Sought 45 days to provide bank statements from a closed DBS Bank account-Request is held to be reasonable-High Court directed the CIT(A) to consider request of assessee. [S. 250, Art. 226]

Sree Metaliks Ltd. v. UOI (2024) 299 Taxman 227/(2025)472 ITR 141 (Orissa)(HC)

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Delay of 394 days for depositing the TDS amount deducted-Deposited the TDS with interest-Delay was due to factors like market sluggishness, insolvency proceedings, and COVID-19 pandemic, with no mens rea involved-Proceeding is quashed. [S. 276B, 278B, 279(1)]

GE Capital US Holdings Inc. v. Dy. CIT (IT) (2024) 299 Taxman 108/ 468 ITR 746 (Delhi)(HC)

S. 270AA : Immunity from imposition of penalty, etc-Income deemed to accrue or arise in India-Royalty-Application for immunity could not be rejected-Order rejecting the application is quashed-DTAA-India-USA [S.9(1)(vi),270A(9),270AA(3), art. 12, Art. 226]

AKR Academy v. CIT (E) (2024) 299 Taxman 474 (Mad.)(HC)

S. 264 : Commissioner-Revision of other orders-Public charitable trust-Rectification application-Delay and filling errors-The order rejecting revision petition was set aside and matter was to be remanded to Commissioner for reconsideration on merits. [S. 2(15), 10(23C)(vi), 154, Art. 226]

PCIT v. Prakhar Developers (P.) Ltd. (2024) 299 Taxman 252 /339 CTR 370 (MP)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Search-An order of assessment passed under section 153A read with section 143(3) after getting an approval of Jt. Commissioner under section 153D could not be revised under section 263-Tax effect less than 1 crore-Appeal is not maintainable. [S. 40A(3), 143(3), 153A, 260A 268A]

PCIT v. Bina Gupta (2024) 299 Taxman 511 (Cal.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash credits-Long term capital gains-Penny stock-Principal Commissioner had applied its mind and came to prima facie conclusion that Assessing Officer should have treated entire credit as bogus and added back same under section 68 rejecting claim for exemption under section 10(38)-Order of Tribunal quashing the revision is set aside.[S.10(38), 45, 68, 143(3), 260A]

Ansaldo Energia SPA v. Dy. CIT (IT) (2024) 299 Taxman 411 /466 ITR 287(Mad.)(HC)

S. 244A : Refund-Interest on refunds-Section 7 of Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV Act, 2020) is a complete code by itself and if case is to be settled under it, no interest under section 244A is available. [S.154, 245, DTVSV Act, 2020, S.3, 4(1), 7, Art. 226]

Pratik Chimanbhai Gami v. UOI (2024) 299 Taxman 429 (Guj.)(HC)

S. 226 : Collection and recovery-Modes of recovery-Attachment-Joint account holder-Primary account holder-No separate notice is required for having joint account as secondary holder in view of section 226(3)(iii) [S. 226(3)(iii), Art. 226]