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-Free trade zone-Not deciding the grounds raised by observing that the academic-Tribunal directed to decide the ground on merit. [S. 10A]
Ntt Data Global Delivery Services Ltd. v. ACIT (2021) 277 Taxman 143 (Karn.)(HC)
S. 254(1) : Appellate Tribunal-Duties-Charitable purpose-Questions concerning relations between employers and employees in Southern India in order to protect their interests-No finding as regards the activity of the trust whether commercial-Matter remanded to the Assessing Officer. [S. 2(15), 11]
Employers Federations of Southern India v. CIT(E) (2021) 277 Taxman 266 (Mad.)(HC)
S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Appeal would be maintainable in respect of subject matter which do not pertain to grounds under section 263 of the Act. [S. 43, 251, 263]
Karnataka State Beverages Corporation Ltd. v. ACIT (2021) 277 Taxman 58 (Karn.)(HC)
S. 245D : Settlement commission-Second application is maintainable-Order of Settlement commission cannot be neither in violation of any statutory provisions of the Income-tax Act nor is there any defect in the decision making process-Writ of the revenue was dismissed. [S. 132, 245C, 245HA, Art. 226]
CIT v. Adhiparasakthi Charitable Medical, Educational & Cultural Trust (2021) 277 Taxman 333 / 202 DTR 175/ 321 CTR 210 (Mad.)(HC),CIT v. Bangaru .G . 2021) 277 Taxman 333/ 202 CTR 175/ 321 CTR 210 (Mad.)(HC)
S. 245D : Settlement Commission-Educational institution-Application is allowed to be proceeded with-Settlement Commission have exclusive jurisdiction to perform functions of Income-tax authority as provided under section 245F of the Act-Withdrawal of exemption by Director General (Inv.) was held to be not valid. [S. 10(23C)(iv), 132, 153A, 245C, 245F(2) Art, 226]
Adhiprasakthi Charitable, Medical, Educational & Cultural Trust v. DGI (Inv.) (2021) 277 Taxman 355 (Mad.)(HC)
S. 240 : Refund-Appeal effect was not given for eight months-Court directed to pass appeal effect order and to grant refund along with interest. [S. 154, 244A, Art. 226]
Agilent Technologies India (P.) Ltd. v. ACIT (2021) 277 Taxman 153 (Delhi)(HC)
S. 220 : Collection and recovery-Assessee deemed in default-Stay-Mere grant of stay of demand the assessee cannot be absolved from mandatory levy of interest. [S.220(2)]
CIT v. Canara Bank (2021) 277 Taxman 414 (Karn.)(HC)
S. 153C : Assessment-Income of any other person-Search and Seizure-In absence of any incriminating documents or evidence discovered against assesse the assessment is bad in law. [S. 12AA, 132]
PCIT v. S.R. Trust (2021) 438 ITR 506/ 277 Taxman 133/ 208 DTR 325 / 323 CTR 1047 (Mad.)(HC)
S. 148 : Reassessment-Transfer pricing-Objection not disposed of against reassessment notice-Single judge directed the Assessee to participate in adjudicating mechanism-Order of single judge is affirmed in appeal. [S. 92C, 92D, 92E, 148, Art. 226]
PPN Power Generating Company (P) Ltd. v. CIT (2021) 277 Taxman 240 / 200 DTR 382 / 320 CTR 268 (Mad.)(HC)
S. 148 : Reassessment-Reasons recorded not communicated-Reassessment is held to be bad in law. [S. 147, 292BB]
CIT v. Janak Shantilal Mehta (2021) 277 Taxman 385 / 200 DTR 385 (Mad.)(HC)