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. 199 : Deduction at source – Credit for tax deducted –Income offered in the relevant year – Demerger – Eligible for TDS credit even if the TDS certificates are in the name of the demerged company/ Transferor company .[ S.144C ]
Culver Max Entertainment Pvt Ltd v.ACIT(2024) BCAJ- July -P. 36 ( Mum)( Trib)
S. 199 : Deduction at source – Credit for tax deducted – Once tax is deducted at source – Though the deductor has not deposited the tax – The Tribunal directed the AO to allow the credit to deductee assessee. [ S.143(1), 205, Form No 26AS ]
Vishal Pachisia v .ITO ( 2024) BCAJ – January – P .33( Kol)( Trib)
S. 194I : Deduction at source – Rent – Shop in a mall on rent – Common area maintenance (CAM) – Charges are separate and distinguishable services – The applicable rate of TDS is 2 per cent under section 194C and not 10 percent under section 194I .[S.194C ]
Benetton India (P) Ltd v. JCIT ( 2024) 167 taxmann.com 76 ( Delhi)( Trib)
S. 194I : Deduction at source – Rent -Alternative accommodation- Hardship allowance – Payments made to tenants of a Co -Operative housing society towards alternative accommodation charges /hardship allowance rent are not liable to deduct tax at source .[ S. 132A(2A ) ]
ITO v. Nathani Parekh Constructions Pvt Ltd ( 2024) BCAJ – August – P. 46 ( Mum)( Trib)
S. 167B : Charge of tax – Shares of members unknown – Discretionary trust – Anti avoidance rule- Maximum rate of surcharge applicable in the case of an individual – This rate applies to a private discretionary trust as well . [ S. 2(29C) , 143(1) ]
Aradhya Jain Trust v .ITO ( 2024) BCAJ – November – P. 47 ( Mum)( Trib)
S. 161 : Liability of representative assessee – A determinate Trust with sole beneficiary is liable to be taxed at same rate as applicable to its beneficiary . [ S.115BAA , Form No -10IC ]
ITO v. Petroleum Trust ( 2024) 165 taxmann.com 504 ( Mum)( Trib)
S. 144C : Reference to dispute resolution panel – Draft Assessment order – AO passed order unaware of the objection filed before DRP [ S. 144C(2), 144C(4), Art. 226 ]
Omni Active Health Technologies Ltd v. ACIT ( 2024) BCAJ -April -P. 44 ( Bom)( HC)
S. 143(1) : Assessment – Intimation –Mandates only processing the return of income to vouch for the arithmetical error etc – Revenue cannot be allowed to go beyond – Claims not made in the return – Can proceed by filing revision application and not in appeal . [S. 37(1), 119, 264 , Form No .26AS ]
Pasupati Acrylon Ltd v. ACIT (2024) BCAJ – October – P. 53 ( Delhi)( Trib)
S. 143(1) : Assessment – Intimation –Disallowance provision in section 143(1)(a) (v) , introduced by the Finance Act , 2021 , w.e.f Ist April , 2021 , dealing with deductions claimed under Chapter VI-A applies prospective . [ S. 143(1)(a)(v) ]
Food Corporation of India Employees Co -Operative Credit Society Ltd v. ADIT ,CPC ( 2024) BCAJ – June – P. 43 (Mum)( Trib)
S. 119 : Central Board of Direct Taxes- Circular – Delay in filing of return – Posted during Covid 19 and death in family – Delay of 80 days in filing of return is condoned . [S.74, 119(2)(b) 139 Art. 226 ]
Smita Dilip Ghule v. CBDT (2024) BCAJ – December -P. 51 ( Bom)( HC)