S. 281B : Provisional attachment-Mere apprehension that huge tax demand was anticipated is not sufficient-Writ is maintainable against provisional attachment. [S. 226, Art. 226]
Sree Raghavendra Enterprises v. Dy.CIT (2021) 438 ITR 643 (Karn.)(HC)
Digest of case laws
Online digest of latest case laws
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
Click here to download the pdf versions of the Digest of case laws S. 281 : Certain transfers to be void-Property mortgaged to bank before passing of assessment order-Auction sale-Transfer of property not void-[S. 226, Sch. Ii, R. 11, Securitisation And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, S.13, 26e,Art, 226]
Corporation Bank v. CIT (2021) 437 ITR 528 / 205 DTR 353 / 322 CTR 151(Mad.)(HC) Union Bank of India v. Sub-Registrar (2021) 437 ITR 528 / 205 DTR 353 / 322 CTR 151(Mad.)(HC)S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Failure to pay self assessment tax-80% of tax was paid prior to filing of complaint-Delayed payment could not be construed as an attempt to evade tax. [S. 140A, 276(2), 276CC, 278E, Code of Criminal Procedure, S. 482]
Ganga Devi Somani v. State of Gujarat (2021) 437 ITR 323 / 282 Taxman 165 / 204 DTR 114 / 321 CTR 640 (Guj.)(HC)S. 271AAB : Penalty-Search initiated on or after Ist day of July 2012-Search not conducted, penalty cannot be levied. [S. 132(4), 133A, 153C, 260A]
PCIT v. Silemankhan and Mahaboobkhan (2021) 437 ITR 260 / 282 Taxman 403 / 206 DTR 469/ 323 CTR 112(AP)(HC)S. 271(1)(c) : Penalty-Concealment-Quantum of penalty-Penalty to be on basis of tax sought to be avoided and not on total tax liability.
Kite Maker v. ITO (2021) 438 ITR 353/(2022) 214 DTR 316/ 328 CTR 124 (Ker.)(HC)S. 268A : Appeal-Instructions-Lower than threshold limit-Exceptions-Special order-Penny stock cases-Organized tax evasion activity-Special order of Board is required in cases involving organized Tax evasion Activity.-Appeal was dismissed. [S. 260A.]
Dy.CIT v. Vijay Pal Singh (2021) 130 Taxmann.com 291 (Chhattishgarh) (HC) Editorial : SLP of revenue dismissed, Dy. CIT v. Vijay Pal Singh (2021) 282 Taxman 377 (SC)S. 264 : Commissioner-Revision of other orders-Subject matter of appeal-Revised return-CIT (A) dismissed the appeal on the ground that the admitted tax was not paid–Rejection of revision application was held to be not justified-Matter remanded. [S. 246, Art. 226]
S. Ravinder v. CIT (2021) 282 Taxman 205 / 203 DTR 322 / 321 CTR 346 (Telangana)(HC)S. 264 : Commissioner-Revision of other orders-Dismissal petition as premature without giving any reasons-Matter remanded and directed to pass a reasoned order. [Art. 226]
Riso India Private Limited v. PCIT (2021) 437 ITR 174 / 205 DTR 78/ 322 CTR 840 (Delhi)(HC)S. 264 : Commissioner-Revision of other orders-Return filed and assessed as resident-Scope is narrower than appeal-Revision application made to be assessed as Non-resident-Writ is not maintainable-Circular and Act-In case of conflict of provisions of Act will prevail. [S. 2(42), 6(1)(a), 144, 147, 154, Art. 226]
Tapas Kumar Basak v. ADIT(IT) (2021) 438 ITR 197 / 322 CTR 971/ ( 2022) 284 Taxman 224 (Cal.)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Unexplained investment-Un secured loans-Enquires were made in detail-Plausible view-Explanation 2-Revision is held to be not valid. [S. 68, 69]
PCIT v. Shreeji Prints (P) Ltd. (2021) 130 taxmann.com 293 (Guj.)(HC) Editorial : SLP of revenue dismissed; PCIT v. Shreeji Prints (P.) Ltd. (2021) 282 Taxman 464 (SC))/( 2021) 437 ITR 10(ST)(SC)