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. 234C : Interest – Deferment of advance tax – Tax deductible at source – Income which is subject to such deduction and is taken into account in computing total income of assessee.
Goldman Sachs Investments (Mauritius) Ltd. v. DCIT ( 2020 ) 194 DTR 329/ 207 TTJ 913 (2021) 187 ITD 184/ (Mum) (Trib.)
S. 74 : Losses – Capital gains – Carried forward losses- Capital losses brought forward from earlier years pertaining to source of income that was exempt from tax was allowed to be carried forward to subsequent years- DTAA- India – Mauritius [ S.9(1)(i), 74(1)(a), 90(2) ,144C(5),Art . 13 ]
Goldman Sachs Investments (Mauritius) Ltd. v. DCIT ( 2020) 194 DTR 329/ 207 TTJ 913 / (2021) 187 ITD 184/ (Mum) (Trib.)
S. 271AAA : Penalty-Addition made on ad-hoc basis based on average gross profit rate, which does not relate directly to any undisclosed income unearthed during search-Penalty not sustainable. [S. 132, 133A]
Ace Steel Fab (P.) Ltd. Kashyap & Co. v. DCIT (2021) 87 ITR 52 (SN) (Delhi)(Trib.)
S. 271(1)(c) : Penalty-Addition on basis of which penalty levied deleted.
Dy.CIT v. Anurag Dalmia (2021) 87 ITR 51 (SN) (Delhi)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-limited scrutiny-No jurisdiction to go beyond reason for which the case was selected for limited scrutiny-Revision to consider other aspects is held to be without jurisdiction. [S. 143(3)]
Balvinder Kumar v. PCIT (2021) 187 ITD 454 / 212 TTJ 391/ 203 DTR 155 (Delhi)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-On the date of transfer more than one residential house-Deduction allowed without verification-Revision order was set aside and directed the AO to pass the order in accordance with law. [S. 54, 54F]
Lokesh M. v. PCIT (2021) 187 ITD 342 (Bang.)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Non furnishing of approval-Revision is held to be not valid. [S. 35(2AB), R. 6(7A)(b)]
Provimi Animal Nutrition India Pvt. Ltd. v. PCIT (2021) 187 ITD 214 / 85 ITR 9 (SN) (Bang.)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Short term capital gain-Settlement Commission-Issue considered by the Settlement Commission-Revision order will be without jurisdiction. [S. 45, 245C(1), 245D(4), 245I]
Gunjan Garg v. JCIT (2021) 187 ITD 467 (Delhi)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order of Transfer pricing Officer-Part of assessment record-Can be revised. [S. 92CA]
Agro Tech Foods Ltd. v. DCIT (2021) 187 ITD 763 / 211 TTJ 715/ 201 DTR 297 (Hyd.)(Trib.)