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. 197 : Deduction at source – Certificate for lower rate – Technical inadequacy of the system- Withholding tax certificates was directed to be issued with effective from 1st April, 2019 for FY 2019-20 [ S.90 (2), Art, 226 ]

British Airways Plc v. ITO (2021) 198 DTR 369 / 319 CTR 282 (Delhi)(HC)

S. 148 : Reassessment –Notice – Disputed question of fact – Matter remanded to the Assessing Officer . [ S. 142(1), 147,Art , 226 ]

Bhola Ram Steel (P) Ltd v. PCIT (2021) 198 DTR 94 / 319 CTR 494 (Pat)(HC)

S.147: Reassessment – After the expiry of four years – Depreciation – Undisclosed income – No failure to disclose material facts -No power to review the order – Notice issued to reopen the assessment was quashed [ S.148, Art , 226 ]

Shaspayee Paper & Boards Ltd v. UOI (2021) 198 DTR 97 / 319 CTR 293 (Mad ) (HC)

S. 11 : Property held for charitable purposes – Running of pharmacy – Pharmacy store was ancillary to the main object of running the hospital- Denial of exemption was held to be not justified . [ S 10, 10(22), 10(23C)(via), 11(4A)]

PCIT (E) v. National Health & Education Society (2021) 197 DTR 147 / 318 CTR 500 (Bom) (HC )

S. 80HHC : Export business – Order not given effect even after eight years of passing the order- The Assessing Officer was directed to give effect of the Order of Tribunal within a period of one month from the receipt of the certified copy of this judgment.-Non compliance of the order the Assessing Officer made liable to pay cost of Rs ,25000. From his salary [ S. 254 (1), Art . 226 ]

Mohanachandan Nair, B. v . A CIT ( 2021 ) 197 DTR 217/ 318 CTR 495 (Ker) (HC)

S. 254(1) : Appellate Tribunal – Duties- Order of Tribunal remanding the matter was set aside and directed to decide on merit .[ S.144C(13, 260A ]

India Trimmings (P) Ltd v. Dy. CIT ( 2021 ) 197 DTR 342 / 319 CTR 317 ( Mad) (HC)

S. 10 (23C): Educational institution- Denial of exemption –Profit motive- Matter remanded . [ S. 10 (23C)(vi), Art , 226 ]

Bihar Combined Entrance Competitive Examination Board v. CIT (2021) 197 DTR 29 ( Pat) (HC)

S. 260A : Appeal – High Court – Dismissal of appeal on monetary limit of less than 50 lakhs – Rectification application of the revenue was allowed on the ground that the issue under consideration falls under exception clause of the Circular – Recall of the order is held to be justified – Appeal of assessee was dismissed [ S.254(2), 268A ]

Seema Bhattacharya (Smt) v. PCIT ( 2021 ) 197 DTR 353 ( MP ) ( HC)

S.115BBE: Tax on specified income – Levy of tax at 60% and surcharge @ 25 % – Legislature has the power to levy taxes and duties – Taxation Laws ( Second Amendment Act , 2016 ) – Order of single Judge is affirmed [ S.69A, Art, 245,246 (1), 269, 270, 271 ]

Maruthi Babu Rao Jadav v. ACIT ( 2021) 430 ITR 504 / 199 DTR 66/ 319 CTR 422 ( Ker ) ( HC)

Constitution of India

Art. 141 : COVID-19 –Limitation Extended from March 15 , 2020 till February 28 , 2022 – Relief for litigants and lawyers [ Art. 142]

In Re: Cognizance for Extension of Limitation Suo Motu Writ Petition (SC) www.itatinline .org