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. 4 : Charge of income-tax-Capital or revenue-Compensation received on account of failure of performance guarantee-Matter remanded to Tribunal. [S. 254(1)]

Essel Mining and Industries Ltd. v. PCIT (2022) 444 ITR 576 / 209 DTR 180/ 324 CTR 124 (Cal)(HC)

Prohibition of Benami Property Transactions Act, 1988.

S. 32 :Qualification for appointment of chairperson and Members of Appellate Tribunal- Constitution Of Appellate Tribunal – Independence of Judiciary — Qualification of Judicial Member — Requirement that he could be a Member of Indian Legal Service or one had held post of additional Secretary or equivalent post in that service — Provision not valid. [ Art , 226 ]

V. Vasanthakumar v. UOI (2022) 444 ITR 677 (Mad)(HC

Benami Transactions (Prohibition) Amendment Act, 2016

S.2(a): Benami Property Transactions — Amendment of Act in 2016 Provisions are substantive — Not applicable with retrospective effect – Interpretation of taxing statutes —Rule against retrospectivity . [ S. 2(9)(A) (2(9)(C), Art , 20, 226 ]

Nexus Feeds Ltd v. ACIT (2022) 444 ITR 261 (Telangana) (HC),Editorial: ACIT v. Nexus Feeds Ltd (2023)453 ITR 459 (SC), Affirmed, SLP of Revenue dismissed ,

Direct Taxes Vivad Se Vishwas Act, 2020.

S. 2(1)(a): Appellant – Declaration processed and Form 3 issued To Assessee -Rejection of declaration -Not valid —State cannot claim benefit of its own mistake. [S. 4 , Art , 226 ]

PCIT v. Asish Kumar Ghosh (2022) 444 ITR 398/ 214 DTR 257/326 CTR 841 (Cal)(HC)

Bengal Agricultural Income-tax Act, 1944

S. 34:Method of computation -Agricultural Income -tax -Appeal dismissed – Alternative remedy – Writ is not maintainable [ West Bengal Taxation Tribunal Act, 1987, Art , 226 ]

B. D. Tea Estates Pvt. Ltd. v State of West Bengal (2022) 444 ITR 504 (Cal)(HC))

Gift-tax Act, 1958

S. 15: Assessment – Asset gifted – Valuation — Question of fact .[ S. 15(2)]

Azad Rahim v. ITO (2022) 444 ITR 557 (Ker)(HC)

S. 2(1)(a) : Appellant-Declarant-Condonation of delay-Effect of Circular of CBDT dated 4-12-2020-The rejection of the declaration was not justified-The declarations of the assessee shall be accepted and thereafter dealt with as provided under the Act. [Art. 226]

Rakesh Garg v. PCIT (2022) 443 ITR 137 / 211 DTR 265 / 325 CTR 440 (Raj.)(HC)

S. 279 : Offences and prosecutions-Sanction-Chief Commissioner-Commissioner-Failure to deposit tax deducted at source-Deposited in Government Treasury after 11 months-Assessee and persons in charge to face trial-Writ petition to quash the proceedings was dismissed-Petition for Special Leave to appeal dismissed.[S. 192, Art, 136, 226].

Indo Arya Central Transport Ltd. v. CIT (TDS) (2022) 443 ITR 239 / 211 DTR 441 / 325 CTR 553 / 285 Taman 2 (SC) Editorial : Decision in Indo Arya Central Transport Ltd. v. CIT (TDS) (2018) 404 ITR 667 (Delhi)(HC) affirmed.

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Failure to file return of income-Payment of tax with interest-No wilful evasion of tax-Prosecution quashed. [S. 140A, 276C(2), 276CC]

Inland Builders Pvt. Ltd. v. Dy. CIT (2022) 443 ITR 270 (Mad.)(HC)

S. 271(1)(c) : Penalty-Concealment-Sanction of Joint Commissioner-Definition-Includes Additional Commissioner-Sanction of Additional Commissioner obtained-Penalty proceedings validly initiated. [S.2(28C), 260A, 271(1)(c), 274(2)].

Gyan Chand Jain v. CIT (2022) 443 ITR 241 / 213 DTR 71/ 326 CTR 241 /287 Taxman 87 (SC)