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. 154 : Rectification of mistake-Alternative remedy is not absolute bar-Dismissal of application in a mechanical manner without even affording an opportunity of hearing-not to be relegated to avail alternative remedy of filing appeal, rather, impugned order was to be set aside and matter was to be remanded back to respondent for fresh disposal. [Art. 226]

Ernakulam District Posts Telecom and BSNL Employees Co-op. Society Ltd. v. ITO (2020) 273 Taxman 21 (Ker.)(HC)

S. 154 : Rectification of mistake-Refund-Tax deducted at source-Credit was not given-Assessing Authority was to be directed to pass order on rectification application within 3-4 weeks time. [S. 237 Art.226]

Unitac Energy Solutions (I) (P) Ltd. v. PCIT (2020) 272 Taxman 464 (Ker.)(HC)

S. 151 : Reassessment-Sanction for issue of notice-Sanction granted by Chief Commissioner-Chief Commissioner was not specified officer under section 151(2) to grant such sanction-Notice was quashed. [S. 2(28C), 148, 151(2) Art. 226]

Miranda Tools (P) Ltd. v. ITO (2020) 272 Taxman 154 (Bom.)(HC)

S. 148 : Reassessment-Notice-Non-existing company-Substantive illegality and not procedural violation of nature adverted to in section 292-B, hence, not curable-Notice was quashed. [S. 142 (1), 147, 292B, Art. 226]

eMudhra Ltd v. ACIT (2020) 273 Taxman 473 (Karn.)(HC)

S. 147 : Reassessment-Audit objection-Income from other sources-Profit worked out profit on basis of contract/sub-contract income but failed to add interest income shown in books as other income-Reassessment is held to be valid. [S. 56, 148]

Suresh Chand Gupta v. PCIT (2020) 273 Taxman 66/ ( 2021 ) 438 ITR 657 (All.)(HC)

S. 139 : Return of income-Condonation of delay-Treatment of daughter-Matter remanded to Commissioner for giving one more opportunity to the assessee to produce all documents relating to treatment of his child. [S. 119, Art. 226]

Daison Joseph v. CIT (2020) 272 taxman 51 (Ker.)(HC)

S. 132 : Search and seizure-Validity-Assessing Officer found contraband substance, but it was seizure by empowered officers of Narcotics Control Bureau, it could not be said that there was seizure by Income-tax Officers. [Narcotic Drugs and Psychotropic Substances Act, 1985 S. 8(c), 21(b)]

Anant Vardhan Pathak v. UOI (2020) 273 Taxman 23 (Bom.)(HC)

S. 119 : Central Board of Direct Taxes-Instructions-Deduction at source-Computer software-There is no legal right to petitioner and/or its customers to compel CBDT to give ruling/clarifications on issue of tax deduction at source under section 194C/194J as regards shrink-wrapped-packaged software. [S. 119(1), 194C, 194J, Art. 226]

Quick Heal Technologies Ltd. v. UOI (2020) 272 Taxman 163 (Bom.)(HC)

S. 115BBE : Tax on income referred in section 68, or section 69 or section 69B or section 69C or section 69D-Finance Bill, 2016-No set off any loss against deemed income-Provision cannot be applied retrospectively. [S. 72]

PCIT v. Aacharan Enterprises (P) Ltd. (2020) 273 Taxman 85 (Raj.)(HC)

S. 80IB(10) : Housing projects-Completion / occupation certificate issued by Municipality-Tribunal order allowing the claim is affirmed. [S. 260A]

PCIT v. Rattanchand Rikhadbas Jain Chemical Works (2020) 273 Taxman 261 (Bom.)(HC)