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. 254 (1) : Appellate Tribunal-Duties-Ex-parte order-Order passed without considering the application for an adjournment filed by the son and without application of mind-Order of Tribunal set aside and remanded back for fresh consideration. [S. 143(3)]
Harish Wadhwa v. ITO (2021) 280 Taxman 171 (Karn.)(HC)
S. 251 : Appeal-Commissioner (Appeals)-Powers-New claim-Can be made before the Appellate Authority though neither claimed in the original return nor filed the revised return. [S. 139]
PCIT v. Karnataka State Co-operative Federation Ltd. (2021) 280 Taxman 452 (Karn.)(HC)
S. 245R : Advance rulings-Capital gains on transfer of LLP interest in an Indian LLP-DTAA-India-Netherlands-Application admitted. [S. 245R(ii), Art. 13]
ADS Apollo Holdings B.V., In re (2021) 280 Taxman 113 (AAR)
S. 245D : Settlement Commission-Failure to produce the material-Rejection of application is held to be valid. [S. 245D(4), Art. 226]
K.S.Thirumalaivasan v. Chairman, ITSC (2021) 280 Taxman 423 / 203 DTR 313(Mad.)(HC)
S. 245D : Settlement Commission-Proceedings stood completed only formal order to be pronounced-Finance Bill, 2021-Directed to pass formal order on or before 31-3-2021. [S. 245D(4), Art. 226]
Dilip Bhimjibhai Mavani v. ITSC (2021) 280 Taxman 145 (Guj.)(HC)
S. 237 : Refunds-Additions were deleted in appeal-Refund not granted-Notice is issued to the revenue. [Art. 226]
Make My Trip-India-(P.) Ltd. v. Dy.CIT (2021) 280 Taxman 142 (Delhi)(HC)
S. 220 : Collection and recovery-Assessee deemed in default-Attachment of residential property, commercial property and five bank accounts-TRO was directed to lift attachment over commercial property and release said property to deposit amount of tax payable under resolution scheme-Direct Tax Vivad se Vishwas Act, 2020. [S. 222, Art. 226]
Amitkumar Mathurdas Kaneria v. TRO (2021) 280 Taxman 272 (Guj.)(HC)
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)