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. 268A : Appeal-Appellate Tribunal-Monetary tax effect-Less than Rs. 50 lakhs-Appeal is not maintainable. [S. 253]

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-All details were on record-Payment of remuneration to managing trustee of major philanthropic trust was accepted in earlier years-Investment in shares by assessee-trust had been accepted as part of corpus of trust for over four decades by department and CBDT had also accepted same while notifying assessee-trust under section 10(23C)-Revision is held to be not valid. [S. 10(23C), 11, 13(2)]

Sir Dorabji Tata Trust v. DCIT (2021) 188 ITD 38 / 197 DTR 289 / 209 TTJ 409 (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Investment in shares has been accepted as part of corpus over four decades-Interest income qualified for exemption-Assessing Officer has adopted ab course permissible in law-Revision is held to be not valid. [S. 11(5), 13(1)(d), 13(2)(h), 13(3)]

Sir Ratan Tata Trust v. DCIT (2021) 188 ITD 151 (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Bad debts-Claim was allowed without verification-Revision is held to be justified. [S. 36(1)(vii)]

Jalgaon People’s Co-op Bank Ltd. v. PCIT (2021) 188 ITD 608 (Pune)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Delay in filing miscellaneous application-Ex parte order-ill health-Delay was condoned. [ITAT R. 24]

Rameshbhai V. Prajapati v. DCIT (2021) 188 ITD 773 (Ahd.) (Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Transfer pricing-Arm’s length price-Most appropriate method-Application to Tribunal to direct the TPO to adopt a specific method was rejected. [S. 254(1), 92C]

Carraro India (P.) Ltd. v. DCIT (2021) 188 ITD 915 (Pune)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Jurisdiction-Direction of DGIT not to pass the during pendency of explanation-Order passed without following the direction and jurisdiction was set aside. [S. 120, 246A]

DCIT v. GMR Energy Ltd. (2021) 188 ITD 480 / 213 TTJ 109 / 204 DTR 256 (Bang.)(Trib.)

S. 206AA : Requirement to furnish Permanent Account Number-Double taxation agreement-Provision of 206AA does not override the provision of double taxation agreement-Tax deducted as per the provision of DTAA is held to be valid-DTAA-India-Czech Republic. [S. 90, Art. 12]

Jyoti Ltd. v. DCIT (2021) 188 ITD 890 (Ahd.)(Trib.)

S. 194J : Deduction at source-Fees for professional or technical services-Transaction fee paid to stock exchange-Not liable to deduct tax at source.

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 194IA : Deduction at source-Immoveable property-Joint development agreement-Interest free deposit-No transfer of property-Not liable to deduct tax at source. [S. 2(47)(v), 201, 201A, 203A, Transfer of Property Act, 1882, S. 53A]

Prestige Estates Projects Ltd. v. ACIT (2021) 188 ITD 711 / 212 TTJ 23/ 86 ITR 629 (Bang.)(Trib.)