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. 143(3) : Assessment –Ad-hoc addition- Labour charges – On facts the High Court affirmed the order of the Tribunal. [ S.260A ]

Ivan Singh v. ACIT (2020) 422 ITR 128/ 195 DTR 227/ 272 Taxman 36/ ( 2021 )) 322 CTR 851 (Bom)(HC) www.itatonline.org

S. 68 : Cash credits -The expression “any previous year” does not mean all previous years but the previous year in relation to the assessment year concerned- If the cash credits are credited in the FY 2006-07, it cannot be brought to tax in a later AY.2009-10[ S.3 ]

Ivan Singh v. ACIT (2020) 422 ITR 128 / 195 DTR 227/ 272 Taxman 36/ ( 2021) 322 CTR 851 (Bom)(HC)(Goa Bench), www.itatonline.org

S. 12A : Registration –Trust or institution- Object clause-Registration cannot be refused on the ground that the Trust Deed does not contain “dissolution clause” and not registering with the Registrar of Societies . [ S.2(15) ,11, 12AA ]

Shri. Dhar Sabha Vaishno Devi v. CIT(E) (TM ) Amristar) (Trib),www.itatonline.org

S. 245 : Refunds- Set off of refunds against tax remaining payable – Refund cannot be adjusted without prior notice is issued – Order adjustment of refund is quashed .[ Art. 226 ]

Tata Communications Ltd. v. Dy. CIT (2019) 311 CTR 407 (Bom.)(HC)

S.241A: Withholding of refund in certain cases – Declaring the loss cannot be the ground to doubt the contents of the return or the loss suffered by the assessee – Directed to refund the amount with the interest with in the period of three weeks from the receipt of the order . [ S.143(ID), 197, Art .226 ]

Vodafone Idea Ltd. v. Dy. CIT (2019) 311 CTR 385 / 267 Taxman 603 /( 2020) 421 ITR 253 (Bom.)(HC). Editorial : SLP of revenue was dismissed on the ground of delay , Dy.CIT v. Vodafone Idea Ltd ( 2021 )) 283 Taxman 272/ 283 Taxman 8 (SC)

S. 281B : Provisional attachment – Reasoned order- When earlier assessment years Tribunal has suspended the recoveries arising out of demands made on similar issues – Order of provisional attachment is set aside . [ S.245, Art . 226 ]

Vodafone Idea Ltd v. Dy.CIT ( 2019) 182 DTR 177/ 311 CTR 210 ( Bom) (HC)

S. 264 :Commissioner – Revision of other orders – Revised return filed beyond limitation period rectifying the mistake – Rejection of application is held to be not valid – Matter is remitted back to the CIT for considering the claim of the petitioner and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order-No tax shall be collected except by authority of law . [ S. 139(1), 139(5) , 154 ,Art .226, Art .265 ]

Sharp Tools v. PCIT (2019) 311 CTR 505 /183 DTR 289/( 2020) 421 ITR 90 (Mad.)(HC)

S. 245D : Settlement Commission – Failure to disclose a full and true disclosure – Order passed by consent – Settlement recorded by the Commission on consent of the parties- Dept cannot challenge the order which is passed by consent . [ S.245D(4) Art. 226 ]

PCIT v. ITSC. (2019) 311 CTR 284 (Bom.)(HC)

S. 220 : Collection and recovery – Assessee deemed in default – Natural justice – Stay -Recovery – When an opportunity of personal audience is requested the law requires due consideration- Rejection of application without affording an opportunity of hearing is set aside- Directed the AO to pass speaking order after giving an opportunity of hearing . [ S.220(3), Art 14. ]

Manjula (Smt) v.ITO ( 2019) 178 DTR 361/ 309 CTR 287 ( Karn) (HC)

S. 132 : Search and seizure – Loan transaction is reflected in the books of account and return filed by the assesee- No material basis of which a reasonable person could have formed the opinion and lack of jurisdiction – Search action is held to be invalid [ Art. 226 ]

Lalhibhai Kanjibhai Mandalia v PCIT ( 2019) 180 DTR 49 (Guj) (HC)