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. 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. 197 : Deduction at source-Certificate for lower rate-Interest income-Cryptic order-Assessing Officer cannot ignore the mandate of Rule 28AA-Order was set aside. [S.194A, Art. 226 ]

Hero Solar Wind Energy (P) Ltd. v. CIT (2021) 205 DTR 230 / 322 CTR 254 / 283 Taxman 53 (Delhi)(HC) Hero Wind Energy (P) Ltd. v. CIT (2021) 205 DTR 230 / 322 CTR 254 / 283 Taxman 53 (Delhi)(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)

S. 192 : Deduction at source-Salary-Provision of residential accommodation by employer-Valuation of perquisite-Perquisite-Liable to deduct tax at source-Cannot equated with an accommodation provided by the Central Government-Assessee in default-Bona fide estimate-Penalty cannot be levied-Contrary view of Tribunal. [S. 15, 17(2), 201, 201(IA), ITR, 1962, R. 3(1)]

Central Food Technological Research Institute v. ITO (2021) 439 ITR 735 / 204 DTR 361 / 322 CTR 225 (Karn.)(HC)

S. 154 : Rectification of mistake-Contractual receipts-Depreciation on gross receipts-Debatable-Rectification order was not justified. [S. 32]

PCIT v. Engineers works (2021) 439 ITR 108 / 206 DTR 242 / 323 CTR 485 /(2022) 284 Taxman 138 (AP)(HC)

S. 153 : Assessment-Limitation-Remand to DRP-Tribunal-Order was not passed within stipulated time-Directed to refund the amount with interest. [S. 144C(13), 153(2A), 244A, Art. 226]

Freight Systems (India) (P.) Ltd. v. Dy. CIT (2021) 206 DTR 163/(2022)) 328 CTR 643 (Mad.)(HC)