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. 245D : Settlement commission-Second application is maintainable-Order of Settlement commission cannot be neither in violation of any statutory provisions of the Income-tax Act nor is there any defect in the decision making process-Writ of the revenue was dismissed. [S. 132, 245C, 245HA, Art. 226]
CIT v. Adhiparasakthi Charitable Medical, Educational & Cultural Trust (2021) 277 Taxman 333 / 202 DTR 175/ 321 CTR 210 (Mad.)(HC),CIT v. Bangaru .G . 2021) 277 Taxman 333/ 202 CTR 175/ 321 CTR 210 (Mad.)(HC)
S. 245D : Settlement Commission-Educational institution-Application is allowed to be proceeded with-Settlement Commission have exclusive jurisdiction to perform functions of Income-tax authority as provided under section 245F of the Act-Withdrawal of exemption by Director General (Inv.) was held to be not valid. [S. 10(23C)(iv), 132, 153A, 245C, 245F(2) Art, 226]
Adhiprasakthi Charitable, Medical, Educational & Cultural Trust v. DGI (Inv.) (2021) 277 Taxman 355 (Mad.)(HC)
S. 240 : Refund-Appeal effect was not given for eight months-Court directed to pass appeal effect order and to grant refund along with interest. [S. 154, 244A, Art. 226]
Agilent Technologies India (P.) Ltd. v. ACIT (2021) 277 Taxman 153 (Delhi)(HC)
S. 220 : Collection and recovery-Assessee deemed in default-Stay-Mere grant of stay of demand the assessee cannot be absolved from mandatory levy of interest. [S.220(2)]
CIT v. Canara Bank (2021) 277 Taxman 414 (Karn.)(HC)
S. 153C : Assessment-Income of any other person-Search and Seizure-In absence of any incriminating documents or evidence discovered against assesse the assessment is bad in law. [S. 12AA, 132]
PCIT v. S.R. Trust (2021) 438 ITR 506/ 277 Taxman 133/ 208 DTR 325 / 323 CTR 1047 (Mad.)(HC)
S. 148 : Reassessment-Transfer pricing-Objection not disposed of against reassessment notice-Single judge directed the Assessee to participate in adjudicating mechanism-Order of single judge is affirmed in appeal. [S. 92C, 92D, 92E, 148, Art. 226]
PPN Power Generating Company (P) Ltd. v. CIT (2021) 277 Taxman 240 / 200 DTR 382 / 320 CTR 268 (Mad.)(HC)
S. 148 : Reassessment-Reasons recorded not communicated-Reassessment is held to be bad in law. [S. 147, 292BB]
CIT v. Janak Shantilal Mehta (2021) 277 Taxman 385 / 200 DTR 385 (Mad.)(HC)
S. 147 : Reassessment-Unexplained money-Enforcement Directorate without making any independent inquiry himself into matter-Borrowed satisfaction-Reassessment was held to be not valid. [S. 69A]
PCIT v. Andaleeb Sehgal (2021) 124 taxmann.com 246 (Delhi)(HC). Editorial : SLP of revenue is dismissed, PCIT v. Andaleeb Sehgal (2021) 277 Taxman 492 (SC)
S. 147 : Reassessment-Business expenditure-Loss on bidding deduction-Tribunal quashed the reassessment on the ground that there was no failure on the part of assessee to disclose all material facts-High court quashed the order of Tribunal and remanded the matter back to Tribunal to decide on merit afresh. [S. 37(1)), 148]
CIT v. Shriram Chits (Karnataka) (P.) Ltd. (2021) 277 Taxman 224 (Karn.)(HC)
S. 147 : Reassessment-After the expiry of four years-When re-assessment proceedings to disallow brought forward loss were held to be without jurisdiction, High Court could not issue fresh directions to Assessing Officer to look into other grounds. [S.72, Art. 226]
T. Stanes and Company Ltd. v. Dy. CIT (2021) 435 ITR 539/ 202 DTR 78/ 321 CTR 153/ 277 Taxman 230 (Mad.)(HC)