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-Stay-Pendency of appeal before CIT(A)-Commissioner (Appeals) is directed to decide appeal expeditiously without insisting on recovery of demand and till pendency of appeal demand shall be deemed to be stayed without depositing pre-deposit of 20 per cent. [S. 250, Art. 226]
Anheuser Busch InBev India Ltd. v. CIT (TDS) (2024) 298 Taxman 450 (P&H) (HC)
S. 197 : Deduction at source-Certificate for lower rate-Income deemed to accrue or arise in India-Fees for technical services-Order denying Nil TDS certificate is quashed and set aside-Matter remanded-DTAA-India-Ireland [S.9(1)(vii), art. 12]
SFDC Ireland Ltd v. CIT (2024) 298 Taxman 403 /465 ITR 471/ 338 CTR 789 (Delhi)(HC)
S. 195A : Deduction at source-Net of tax-Technical services-Income deemed to accrue or arise in India-Royalty-UK based university-Agreed to bear Indian taxes-Required to gross-up amount of fees for technical services (FTS) paid to university, for purpose of deducting TDS under India-UK DTAA-SLP dismissed as withdrawn-DTAA-India-UK [S.9(1)(vi), 9(1(vii), art. 12]
TVS Motor Company Ltd v. ITO (IT) (2024) 298 Taxman 550 (SC) Editorial : TVS Motor Company Ltd v. ITO (IT) (2018) 258 Taxman 77 /(2019) 413 ITR 171 (Mad)(HC)
S. 194I : Deduction at source-Rent-Agreement with State Government for Development-External development charges-Not in the nature of rent-Tax not deductible at source on such charges.-Order of High Court is affirmed-SLP of Revenue is dismissed. [S. 201(1), 201(IA), Art. 136]
Jt. CIT (OSD) v. DLF Homes Panchkula (P.) Ltd. (2024) 298 Taxman 744 (SC) Editorial : DLF Homes Panchkula (P.) Ltd v. Jt. CIT (OSD)(2023) 149 taxmann.com 176/ 459 ITR 773 / 333 CTR 754 / 226 DTR 1 (Delhi)(HC)
S. 194H : Deduction at source-Commission or brokerage-Distributors-Payment from distributor had no link with further sale made by distributor, said payment could not be treated as commission or brokerage as described in Explanation to section 194H-SLP of Revenue is dismissed.[Art. 136]
CIT (TDS) v. Acer India (P.) Ltd. (2024) 298 Taxman 748/463 ITR 676 / 300 Taxman 110 (SC) Editorial : CIT (TDS) v. Acer India (P.) Ltd(2023) 156 taxmann.com 664 / 463 ITR 671 (Karn)(HC)
S. 158BD : Block assessment-Undisclosed income of any other person-Satisfaction note is sine qua non and must be prepared by Assessing Officer who has jurisdiction over such other person-Assessment order is illegal-Additions confirmed by the Tribunal is deleted. [S. 131, 153C, 260A]
Ashok Vardhan Kothari v. CIT (2024) 298 Taxman 145/466 ITR 737 (Cal.)(HC)
S. 153B : Assessment-Search and seizure-Time limit-Revision-Conclusion of search-Locker-Last panchanamas-No seizure-Strict interpretation of statutes-Strict rule of interpretation-Not barred by limitation-Reserving the assessee to raise contentions regarding jurisdiction error vis-a-vis limitation period before appropriate authority despite order passed against assessee. [S. 132, 263, Art. 136]
Anuradha Bakshi v. PCIT (Central) (2024) 298 Taxman 548/ 465 ITR 793/ 339 CTR 394 (SC) Editorial : Anuradha Bakshi v. PCIT (Central) (2024) 296 Taxman 355 (Delhi)(HC)
S. 153 : Assessment-Limitation-Tribunal order-and partially remanded-Limitation would commence from the date the date when the Assessing Officer becomes aware of the order of the Tribunal-Order is barred by limitation-Order of Tribunal is affirmed. [S. 153(2A), 254]
CIT (IT) v. Qualcomm Incorporated (2024) 298 Taxman 298 (Delhi)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Service of notice-Not issued on the registered email of the compamy-The notice and consequential order passed under section 148A(d) sent to secondary e-mail address were quashed and set aside. [S. 56(2)(x), 148, 148A(b). 148A(d), 282, Art. 226]
GRS Hotel (P.) Ltd. v. UOI (2024) 298 Taxman 199/340 CTR 194 / 240 DTR 387 (All.)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Income below taxable income-In active email-Principe of natural justice-Notice and order is quashed-The matter is remitted back to the Assessing Officer for reconsideration afresh in accordance with law. [S. 143(3), 148, 148A(b), 148A(d), Art. 226]
Bellamane Narayan Shridhar v. NFAC (2024) 298 Taxman 74 (Karn)(HC)