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. 271F : Penalty – Return of income – Failure to furnish – Penalty cannot be levied if the estimated total income was less than maximum amount chargeable to tax – The basis of determination income in the assessment order cannot be said to be the basis for filing of return of income under section 139(1) of the Act- Penalty is deleted . [ S.139(1) , 144, 147, 148 ]

Maheshbhai Prabhudas Gandhi v. ITO ( 2024) BCAJ – May – 46 ( Ahd)( Trib)

S. 271AAB:Peanlty -Search initiated on or after Ist day of July 2012-Not mandatory – Not specifying the specific charge – Penalty order is quashed . [ S. 132 ]

JCIT v. Vijay Kumar Saini ( 2024) BCAJ – January -P. 33 ( Jaipur)( Trib)

S. 271(1)(c) : Penalty – Concealment -Tax audit report mentioned the disallowance of expenses -Mistake while uploading the return -Department appeal is dismissed . [ S. 139, 260A, 274 ]

PCIT v. Pinstorm Technologis Pvt Ltd ( 2024 ) 158 taxmann.com 511 ( Bom)( HC)

S. 270A:Penalty for under -reporting and misreporting of income – Incorrect reporting of interest income as appearing in 26AS – Enhanced claim under section 10(10) – Imposition of penalty is discretionary and not mandatory – Benefit of doubt must be given to the assessee- Penalty is deleted . [ S.10(10), 270A(6), Form No 26AS ]

Ravindra Madukar Kharche v .ACIT ( 2024) 161 taxmann.com 712 ( Nagpur)( Trib)

S. 270A:Penalty for under -reporting and misreporting of income – Change of head of income – Income from house property – Business income – Penalty cannot bee levied for under reporting of income – [ S. 22, 24(a), 28(i), 270A(6)(a) ]

D.C.Polyester Limited v .DCIT ( 2024 ) BCAJ- February – P. 42 ( Mum)( Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Mistake in calculation of tax at slab rate instead mentioned in section 115BBE – Mistake can be rectified under section 154 -Revision proceedings cannot be invoked . [ S.115BBE , 143(3), 154 ]

Dhashrathsinh Ghanshyamisnh v .PCIT (2024) BCAJ – September – P. 59 ( Ahd)( Trib)

S. 250 : Appeal – Commissioner (Appeals) – Procedure -No power to dismiss the appeal on account of non -prosecution – Order of CIT(A) is set aside to decide on merits .[ S.250(6), 251 ]

Maa Chintpurni Mining Pvt Ltd v.ITO( 2024) BCAJ – September – 61 (Ranchi)( Trib) Avdesh Jain v. ITO ( 2024) 167 taxmann.com 730 ( Raipur)( Trib)

S. 246A : Appeal – Commissioner (Appeals) – Appealable orders – Sole beneficiary of private discretionary Trust – Appeal could be filed beneficiary only and not by trust – Beneficiary is directed to file an appeal before CIT( A) by filing application for condonation of delay . [ S.160, 166 , 250]

Kajal Deepak Trust v. ITO ( 2024) 167 taxmann.com 378 ( Raipur )( Trib)

S. 234C : Interest – Deferment of advance tax -Failure of the payer to deduct tax source – Interest on certain bonds and Government securities – Assessee can not be penalised by levy of interest . [ S. 143(1), 194LD ]

Standard Chartered Bank ( Singapore ) Ltd v. DCIT(2024) BCAJ -October -P .52 ( Mum)( Trib)

S.200A: Processing of statements of tax deducted at source – Before amendment by the Finance Act , 2015 – w. e.f. Ist June 2015 did not permit levy of fee under section 234E , for delay in filing quarterly statements , while processing the quarterly statements . [ S. 234E ]

Dream Design and Display India Pvt Ltd v. DCIT ( 2024) BCAJ – November – P. 48 ( Delhi)( Trib)