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. 276C : Offences and prosecutions-Wilful attempt to evade tax-Concealment of income-Failure to disclose capital gains-Application for quashing of proceedings was rejected. [S. 45, 278E, CPC, S. 313]
Rohit Kumar Nemchand Piparia v. Dy. DIT (2021) 435 ITR 674/ 201 DTR 149/ 322 CTR 109/ 435 ITR 674/ 201 DTR 149/ 322 CTR 109/ 277 Taxman 549 (Mad.)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue- Depreciation-Order passed by Assessing Officer relying on the decision of Tribunal-Subsequently reversed by High Court-Revision is not be not valid. [S. 32]
CIT v. Canara Bank (2021) 277 Taxman 215 (Karn.)(HC)
S. 254(2A) : Appellate Tribunal-Stay-Rejection of stay petition-No perversity or erroneous approach on part of Tribunal in not granting interim order-Order of Tribunal is affirmed. [S. 254(1), Art. 226]
Sporting Pastime India Ltd. v. Assistant Registrar, Chennai (2021) 277 Taxman 19 (Mad.)(HC)
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Delay of 3052 days-Period of limitation would commence from date when affected party got knowledge of decision in question and it would not commence from date when order was passed-Tribunal cannot dismiss the appeal for non appearance, it has to decide on merits-Cost of Rs.10,000 was imposed on the assessee for each year of appeal. [S.254 (1) 260A]
Daryapur Shetkari Sahakari Ginning and Pressing Factory v. ACIT (2021) 277 Taxman 155 / 200 DTR 417 / 320 CTR 456 (Bom.)(HC)
S. 254(1) : Appellate Tribunal-Powers-Deduction at source-Tribunal admitted the additional evidence and remanded the matter to decide afresh-Order of Tribunal is affirmed. [S.40(a)(ia)]
C.S. Raghoji (Bellary) v. Dy. CIT (2021) 277 Taxman 61 (Karn.)(HC)
S. 254(1) : Appellate Tribunal-Duties-Property held for charitable purposes-Purchase of gold bullion-Application of income-Matter remanded to the Tribunal. [S. 11(5), 12AA, 13 (1)(d)]
Sri Venkkaliamman Educational and Charitable Trust v. Dy. CIT (2021) 277 Taxman 257 (Mad.)(HC)
S. 254(1) : Appellate Tribunal-Duties-Free trade zone-Not deciding the grounds raised by observing that the academic-Tribunal directed to decide the ground on merit. [S. 10A]
Ntt Data Global Delivery Services Ltd. v. ACIT (2021) 277 Taxman 143 (Karn.)(HC)
S. 254(1) : Appellate Tribunal-Duties-Charitable purpose-Questions concerning relations between employers and employees in Southern India in order to protect their interests-No finding as regards the activity of the trust whether commercial-Matter remanded to the Assessing Officer. [S. 2(15), 11]
Employers Federations of Southern India v. CIT(E) (2021) 277 Taxman 266 (Mad.)(HC)
S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Appeal would be maintainable in respect of subject matter which do not pertain to grounds under section 263 of the Act. [S. 43, 251, 263]
Karnataka State Beverages Corporation Ltd. v. ACIT (2021) 277 Taxman 58 (Karn.)(HC)