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. 245D : Settlement Commission-Procedure-Application-Directed to file additional income-Entitle to immunity from penalty and prosecution. [S. 153CA, 245C, 245D(4), Art. 226]
P. Suman (Smt.) v. CIT (2021) 205 DTR 385 / 322 CTR 655 / 130 taxmann.com 249/( 2022) 440 ITR 214 /285 Taxman 587 (Mad.)(HC)
S. 245C : Settlement Commission-Settlement of cases-Conditions-Manner of acquiring the income had been explained-Additional income was disclosed-Order of settlement Commission rejection of application was set aside-Directed the Interim board to decide the matter in accordance with law. [S. 56(2)(vii), 132(4A), 245D, 292C, Art. 226]
Indu Srivastava v. ITSC (2021) 206 DTR 265 / 323 CTR 174 /( 2022) 440 ITR 280 / 286 Taxman 52 (All.)(HC)
S. 245 : Refund-Set off of refunds against tax remaining payable-Stay of demand-Adjustment of refund without giving an intimation in writing is held to be bad in law. [Art. 226]
Jet Privilege (P.) Ltd. v. Dy. CIT (2021) 205 DTR 145 / 322 CTR 684 / 131 taxmann.com 119 (Bom.)(HC)
S. 245 : Refund-Set off of refunds against tax remaining payable-Adjustment refunds in excess of 20% of outstanding is contrary to instruction No 1914 of 21-3-1996-Assessing Officer was directed to refund amount adjusted in excess of 20 per cent of disputed demand. [S. 220, Art. 226]
Eko India Financial Services (P.) Ltd. v. ACIT (2021) 205 DTR 113 / 322 CTR 201 / 283 Taxman 584 (Delhi)(HC)
S. 237 : Refunds-Commercial establishment-Appeal was decided in favour-Directed to refund the amount with interest with in four weeks-If there are no provision for payment of interest then the interest shall became payable at 12 % p.a. on the amount due after expiry of four weeks. [Wealth-tax Act, 1957, S. 2(ea)(i), 34A, Art. 226]
Mohandas Isardas Chatlani v. ITO (2021) 439 ITR 577 / 205 DTR 102 / 322 CTR 365 (Bom.)(HC)
S. 220 : Collection and recovery-Assessee deemed in default- Waiver of interest-Rejection of application without giving an opportunity of hearing was held to be not justified-Matter remanded. [S. 220(2A), Art. 226]
G. Soman v. ACIT (2021) 439 ITR 755 / 204 DTR 355 / 322 CTR 95 / 131 taxmann.com 170 (Ker.)(HC)
S. 220 : Collection and recovery-Assessee deemed in default-Adjustment of demand-Pendency of appeal before CIT(A)-Department is entitle to seek pre-deposit of only 20 per-cent of the disputed demand-Directed to refund the amount adjusted in excess of 20 percent of the disputed demand. [S. 245, Art. 226]
Skyline Engineering Contractors (India) (P) Ltd. Dy. CIT (2021) 206 DTR 60 / 322 CTR 745 (Delhi)(HC)
S. 201 : Deduction at source-Failure to deduct or pay-Conveyance allowance-Additional allowance-Development Officers-Liable to deduct tax at source. [S. 10(14), 192, 264, Art. 226]
Life Insurance Corporation of India v. ITO(TDS) (2021) 205 DTR 429 / 322 CTR 432 / 283 Taxman 573 (Orissa)(HC)
S. 194O : Payment of certain sums by e-commerce operator to e-commerce participant-Tax deduction at source-Difficulties faced by assesses-CBDT was directed to consider and dispose representation within a period of sex weeks. [S. 119, Art. 226 ]
Mjunction Services Ltd. v. UOI (2021) 206 DTR 246 / 322 DTR 968 (Cal.)(HC)