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-Powers-Power to remand must be exercised judicially-Order of Tribunal is affirmed. [S. 260A]

Tatia Sky Line and Health Farms Ltd. v. ACIT (2021) 432 ITR 123 / 279 Taxman 18 (Mad.)(HC)

S. 254(1) : Appellate Tribunal-Powers-No power to dismiss on ground of non-prosecution-Duty to dispose appeal on merits-Tribunal was directed to restore the appeal and decide on merit. [S. 253, ITAR, 1963, R 24, Art. 265]

Rabindra Kumar Mohanty v. Registrar, ITAT (2021) 432 ITR 158 / 208 DTR 35/ 323 CTR 592 (Ori.)(HC)

S. 254(1) : Appellate Tribunal-Powers-No power to dismiss on ground of non-prosecution-Duty to dispose appeal on merits. [S. 253, ITAR 1963, R. 24]

Daryapur Shetkari Sahakari Ginning and Pressing Factory v. ACIT (2021) 432 ITR 130 / 198 DTR 125 / 319 CTR 70 (Bom.)(HC)

S. 254(1) : Appellate Tribunal-Duties-Tribunal is not justified in deleting the addition without assigning reasons-Order of Tribunal is set aside.

CIT v. Ananya Infra Structure Pvt. Ltd. (2021) 432 ITR 371 / 279 Taxman 468 / 203 DTR 132/ 323 CTR 812 (Mad.)(HC)

S. 245D : Settlement Commission-Jurisdiction-Power-Search and seizure-Order of penalty consequential to search-Assessment and penalty are part of same proceedings-Levy of penalty by the Assessing Officer is held to be not valid-Order levying the penalty was quashed. [S. 132, 133A, 153A, 245A(b), 245C, 269ST, 271DA Art. 226]

Tahiliani Design Pvt. Ltd. v. JCIT (2021) 432 ITR 134 / 201 DTR 409 / 320 CTR 846 / 280 Taxman 11 (Delhi) (HC)

S. 226 : Collection and recovery-Modes of recovery-Attachment of property-Sale proclamation-Appeals pending before appellate authorities-Stay was granted by paying 15 Per Cent. of demand and expenses incurred by Department for newspaper notifications-Proceedings was kept abeyance for a period of five months. [Art, 226]

K. S. Santhosh Kumar v. ITO (2021) 432 ITR 209 (Mad.)(HC)

S. 221 : Collection and recovery-Penalty-Tax in default-Mistake in specifying Assessment year for which penalty was levied-Not curable defects-Levy of penalty s held to be bad in law. [S. 292B]

SSS Projects Ltd. v. Dy.CIT (2021) 432 ITR 201 (Karn.)(HC)

S. 194C : Deduction at source-Contractors-Payment made to agency as per direction of Karnataka Government-Deletion of addition is held to be justified.

CIT v. Director of Technical Education (2021) 432 ITR 110/ 280 Taxman 26 (Karn.)(HC)

S. 153A : Assessment-Search-Participating in assessment proceedings-New plea stating that there was no search only survey was rejected-Assessment based on the statement in the course of search proceedings-Loose sheet fall within the definition of document-Rejection of request for cross examination will not amount to violation of principles of natural justice-Assessment order passed cannot be held to be without authority of law-Request for copies of statements made will have to be made by the person from whose custody any books of account or other documents were seized. [S. 132, 132(4), 132A, 133A, Art. 226]

M. Vivek v. Dy CIT (2021) 432 ITR 53/ 197 DTR 12/ 318 CTR 270/ 278 Taxman 52 (Mad.)(HC)

S. 153A : Assessment-Search-Block assessment-Statement of third person recorded u/s.132(4) does not constitute incriminating material-Opportunity of cross examination was not provided-Absence of any incriminating documents found in the course of search action-Deletion of addition is held to be justified. [S. 132, 132(4), 153C]

PCIT v. Anand Kumar Jain (2021) 432 ITR 384 / 201 CTR 200 / 320 CTR 656 (Delhi)(HC) PCIT v. Anand Kumar Jain (HUF) (2021) 432 ITR 384 / 201 CTR 200 / 320 CTR 656 (Delhi)(HC) PCIT v. Satish Dev Jain (2021) 432 ITR 384 / 201 CTR 200 / 320 CTR 656 (Delhi)(HC) PCIT v. Sajan Kumar Jain (2021) 432 ITR 384 / 201 CTR 200 / 320 CTR 656 (Delhi)(HC)