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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S. 220 : Collection and recovery-Assessee deemed in default-Pendency of appeal before CIT(A)-Failure to deposit 20 per cent of outstanding demand-Application for stay of demand could be considered without a 20 per cent pre deposit, matter required to be remitted to Assessing Officer for considering stay application bearing in mind legal principles-Matter remanded. [S. 250, Art. 226]

Centre For Policy Research v. Dy. CIT (2024) 300 Taxman 66 (Delhi)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Cash credits-Pendency of appeal before Tribunal-Not been able to make out prima facie case in its favour for stay on recovery proceedings and had also not been able to demonstrate financial stringency-Recovery proceedings is not stayed. [S. 220(6), 254(1), Art. 226]

PPK News Click Studio (P.) Ltd. v. Dy. CIT (2024) 165 taxmann.com 613 (Delhi)(HC) Editorial : Order of High Court is modified, as 30 percent of tax in dispute is recovered, stay is granted till disposal of appeal by Tribunal. PPK NewsClick Studio (P.) Ltd. v. Dy. CIT (2024) 300 Taxman 449 (SC)

S. 220 : Collection and recovery-Assessee deemed in default-Pendency of appeal before Tribunal-30 per cent of demand had already been recovered-Further recovery of tax demand is stayed till disposal of appeal by Tribunal.[S. 220 (6), 254(1) Art. 136]

PPK News Click Studio (P.) Ltd. v. Dy. CIT (2024) 300 Taxman 449 (SC) Editorial : PPK News Click Studio (P.) Ltd. v. Dy. CIT (2024) 165 taxmann.com 613 (Delhi)(HC), modified.

S. 201 : Deduction at source-Failure to deduct or pay-Foreign remittance-Purchase of subscription-No liability to pay tax in India-Cannot be treated as assessee in default-DTAA-India-Singapore-SLP of Revenue is dismissed due to low tax effect. [S. 9(1)(vii), 201(1), 201(IA), 268A, Art. 5, 7, 12(3), 12(4)(a), 12(4)(b)]

CIT (IT) v. Red Hat India (P.) Ltd (2024) 300 Taxman 93 (SC) Editorial : CIT v. Red Hat India (P.) Ltd (2023) 295 Taxman 247 (Bom)(HC)

S. 194H : Deduction at source-Commission or brokerage-Agreement with distributors/franchisees for sale of their prepaid products-Not liable to deduct tax at source-Order of Tribunal is set aside.[S. 260A]

Bharti Airtel Ltd. v. ACIT (TDS) 300 Taxman 245 (Bom.)(HC)

S. 194H : Deduction at source-Commission or brokerage-Payment from distributor to assessee had no link with further sale made by distributor-Not liable to deduct tax at source-High Court affirmed the order of the Tribunal-SLP of Revenue is dismissed.[Art. 136]

CIT (TDS) v. Acer India (P.) Ltd. (2024) 300 Taxman 110 (SC) Editorial : CIT (TDS) v. Acer India (P.) Ltd(2023) 156 taxmann.com 664/ 463 ITR 671 (Karn)(HC)

S. 158BD : Block assessment-Undisclosed income of any other person-Block period 1-4-1996 to 7-5-2002-Assessing Officer of searched person had not recorded the satisfaction for initiation of proceedings-Order is without jurisdiction and unauthorised-No substantial question. of law. [S. 132,144, 153C, 260A]

PCIT v. Milia Tracon (P.) Ltd. (2024) 300 Taxman 273 (Cal.)(HC)

S. 153C : Assessment-Income of any other person-Search and seizure-Satisfaction note is required to be recorded under section 153C for each assessment year-Consolidated satisfaction note had been recorded for different assessment years, it would vitiate entire assessment proceedings.[S. 132, 260A]

Dy. CIT v. Sunil Kumar Sharma (2024) 159 taxmann.com 179 (Karn)(HC) Editorial : CIT (Appeals) v. Sunil Kumar Sharma (2024) 300 Taxman 601 (SC)

S. 153C : Assessment-Income of any other person-Search and seizure-Loose sheet-Not form part of books of account-diaries/loose sheets-Order of Tribunal is affirmed-No substntail question of law.[S. 132, 153A, 260A]

Dy.CIT v. Sunil Kumar Sharma (2024) 159 taxmann.com 179 (Karn)(HC) Editorial : CIT (Appeals) v. Sunil Kumar Sharma (2024) 300 Taxman 601 (SC)

S. 153C : Assessment-Income of any other person-Search and seizure-Satisfaction note is required to be recorded under section 153C for each assessment year and where a consolidated satisfaction note had been recorded for different assessment years, it would vitiate entire assessment proceedings-Order of High Court is affirmed-SLP of Revenue is dismissed. [S. 153A, Art. 136]

CIT (Appeals) v. Sunil Kumar Sharma (2024) 300 Taxman 601 (SC) Editorial :Dy.CIT v. Sunil Kumar Sharma (2024) 159 taxmann.com 179 (Karn)(HC)