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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Income Declaration Scheme , 2016

S. 191 : Tax paid under the Scheme shall not be refunded – Paid two instalments – Default in paying final instalment – Not entitle to get the refund already pad . [ S. 183, 185 Art, 226 ]

Yogesh Roshanlal Gupta v .CBDT (2021) 432 ITR 91 /199 DTR 81/ 319 CTR 389 / 280 Taxman 278(Guj) (HC).Editorial: On appeal , the honourable Supreme Court directed that the assessee be given benefit of the amounts deposited towards first two instalments while reckoning the tax liability of the assessee after revised assessment , Yogesh Roshanlal Gupta v .CBDT ( 2022) 442 ITR 31 (SC)

S. 275 : Penalty-Bar of limitation-limitation begins to run from date of order of Appellate Tribunal was served upon Commissioner (Judicial). [S. 271(1)(c), 275(1)(a)]

PCIT v. Indian Sugar Exim Corpn. Ltd. (2020) 115 taxmann.com 266 (Delhi)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Indian Sugar Exim Corpn. Ltd. (2020) 272 Taxman 185 (SC)

S. 271D : Penalty-Takes or accepts any loan or deposit-Amount received from sister concern in a running account were held not to constitute as an infraction under Section 269SS-Tribunal should have remanded matter back-Order of penalty was set aside. [S. 254(1), 269SS]

Asian Consolidated Industries Ltd. v. Dy.CIT (2020) 114 taxmann.com 105 (Delhi)(HC) Editorial: SLP of revenue is dismissed Dy.CIT v. Asian Consolidated Industries Ltd. (2020) 270 Taxman 184 (SC)

S. 271D : Penalty-Takes or accepts any loan or deposit-Depositors belonged to rural areas where adequate banking facilities were not available-Deletion of penalty is held to be justified. [S. 269SS]

PCIT v. Sahara India Financial Corpn. Ltd. (2020) 119 taxmann.com 284 (Delhi)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Sahara India Financial Corpn. Ltd. (2020) 274 Taxman 214 (SC)

S. 271(1)(c) : Penalty-Concealment-Writ against penalty order is not maintainable when the quantum addition is in challenge before Appellate Authorities. [S. 144, 271(1))(b), Art. 226]

Vikas Bhatnagar v. ITO (2020) 120 taxmann.com 461 (AP)(HC) Editorial : SLP of assessee is dismissed, Vikas Bhatnagar v. ITO (2020) 275 Taxman 594(SC)

S. 271(1)(c) : Penalty-Concealment-Not declared capital gain arising from sale of leasehold rights-Deletion of penalty is held to be justified. [S. 45, 54EC]

PCIT v. Ashok Kumar Maneklal Parikh (2020) 120 taxmann.com 268 (Bom.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Ashok Kumar Maneklal Parikh (2020) 274 Taxman 457 (SC)

S. 271(1)(c) : Penalty-Concealment-Disallowance of claim-Appeal pending before High Court-Reasonable explanation-Deletion of penalty is held to be justified. [S. 36 (1)(iii)]

PCIT v. National Diary Development Board (2020) 114 taxmann.com 553 (Guj.)(HC) Editorial: SLP of revenue is dismissed PCIT v. National Diary Development Board (2020) 270 Taxman 6 (SC)

S. 271(1)(c) : Penalty-Concealment-Capital gain not shown in original return-Revised return prior to issue of notice u/s. 153C of the Act-Deletion of penalty is held to be justified. [S.45, 133A, 153C]

PCIT v. Prabhjot Kaur Chhabra (Smt.) (2020) 113 taxmann.com 140 (MP) (HC) Editorial : SLP of revenue is dismissed, PCIT v. Prabhjot Kaur Chhabra (Smt.) (2020) 269 Taxman 34 (SC)

S. 271(1)(c) : Penalty-Concealment-Depreciation withdrawn during subsequent search proceedings-Levy of penalty is held to be not justified. [S. 32, 132(4), 153A]

PCIT v. Financial Technologies Ltd. (2019) 112 taxmann.com 398 (Bom.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Financial Technologies Ltd (2020) 269 Taxman 32 (SC)

S. 271(1)(c) : Penalty-Concealment-Unless while issuing notice under section 271, read with section 274, no details of any charge were provided penalty cannot be levied [S. 274]

PCIT v. Basanti Properties (P.) Ltd. (2020) 114 taxmann.com 540 (Cal.)(HC) Editorial : SLP of revenue is dismissed due to low tax effect, PCIT v. Basanti Properties (P.) Ltd. (2020) 269 Taxman 573 (SC)