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. 220 : Collection and recovery-Assessee deemed in default-Failure to grant credit for tax deducted at source-Directed the Commissioner to effect necessary correction / deletion of outstanding demand shown online with in four weeks from date of receipt of order. [Art. 226]

Sharp Engineers v. ITO (2021) 280 Taxman 29 (Guj.)(HC)

S. 206AA : Requirement to furnish Permanent Account Number-Applicability of provision whose income is below taxable income-Hardship or equity is not relevant in interpreting provisions relating to taxation-Order of single judge was quashed-Appeal of revenue is allowed. [S. 139A(1)(i), 197A, Art. 226]

UOI v. A. Kowsalya Bai (Smt.) (2021) 280 Taxman 175 (Karn.)(HC)

S. 153C : Assessment-Income of any other person-Search and seizure-Search upon two persons at airport-Seizure of gold documents in the form of courier receipts-Inter-State transfer of goods for job work or sales-GST-Issue of notice was held to be justified. [S. 131(IA), 132(4), 153A, GST, Art. 226]

Jitendra Mansukhlal Adesara v. ACIT (2021) 280 Taxman 179 /207 DTR 96/ 323 CTR 284(Guj.)(HC)

S. 153A : Assessment-Search or requisition-Client code, modification-No incriminating material was found in the course of search-Assessment was not pending on date of search-Deletion of addition was held to be justified. [S. 132]

PCIT v. Jaypee Financial Services Ltd. (2021) 280 Taxman 147 (Delhi)(HC)

S. 147 : Reassessment-With in four years-Infrastructure development-BOT(Build-Operate-Transfer)-Not claiming amortisation of expenses-Tax neutrality-Reassessment proceedings was quashed. [S. 80IA, 148, Art. 226]

Mapex Infrastructure (P.) Ltd. v. ACIT (2021) 280 Taxman 236 (Cal.)(HC)

S. 147 : Reassessment-With in four years-Bogus purchases-Unexplained expenditure-Accommodation entries-Reassessment proceedings is held to be valid. [S. 69C, 143(1), 148, Art. 226]

Cemach Machineries Ltd. v. ITO (2021) 280 Taxman 98 (Guj.)(HC)

S. 147 : Reassessment-With in four years-Information from DDIT (Investigation)-Bogus transaction-Accommodation entries-Long term capital gain-Sale of shares-Mere disclosure of that transaction at time of original assessment proceedings could not be said to be disclosure of true and full facts-Reassessment is held to be valid. [S. 45, 68, Art. 226]

Mehrunnisa Mohamed Fazal Maniar v. ITO (2021) 280 Taxman 261 (Guj.)(HC)

S. 147 : Reassessment-With in four years-Information from NMS (Non filler monitoring system)-Cash deposited in a bank account-Re assessment notice is held to be valid. [S. 68, 143(1), Art. 226]

Silverdale Inn (P.) Ltd. v. ITO (2021) 280 Taxman 253 (Guj.)(HC)

S. 147 : Reassessment-With in four years-Accommodation entries-Hawala dealer-Bogus purchases-Recorded reason-Reassessment is valid-Approval was granted on the date of issue of notice-Sanction is valid. [S. 68, 148, 151, Art. 226]

Nisha Diamonds (P.) Ltd. v. ITO (2021) 280 Taxman 314 (Guj.)(HC)

S. 144B : Faceless Assessment-Natural justice. [S. 143(3), 270A, 271AAC, Art. 226]

Raja Builders v. National Faceless Assessment Centre (2021) 280 Taxman 304 (Bom.)(HC)