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. 220 : Collection and recovery – Not following the direction of Court and suppressing the facts – Petitioner mislead High Court at preliminary hearing of petition which led to passing interim order- Petition dismissed with costs quantified at Rs. 5 lakhs to be paid to Delhi High Court Advocates’ Welfare Trust [ S. 220(6), 250 , Art . 226 ]

Indus Towers Ltd. v. ACIT (2020) 273 Taxman 563 / 190 DTR 370 / 315 CTR 201 (Delhi)(HC)

S. 192 : Deduction at source – Salary – Reimbursement of expenditure incurred by them towards uniform on the basis of self certification by employees – Not liable to deduct tax at source . [ S. 10 (14)(i) , 201 (IA )

CIT v. Oil and Natural Gas Corporation Ltd. (2020) 192 DTR 433 / 316 CTR 354 / (2021) 277 Taxman 284 (Guj.)(HC)

S.149 : Reassessment – Time limit for notice – Direction of CIT (A) – Reassessment barred by limitation cannot be reopened – Reassessment was quashed . [ S.143(1), 149(1)(b) ]

N. Illamathy (Smt.) v. ITO (2020) 275 Taxman 25 / 195 DTR 49 / 317 CTR 543 (Mad.)(HC)

S. 148 : Reassessment – Notice – When alternative remedy of appeal is available under statute, it would not be appropriate and proper for High Court to exercise extraordinary jurisdiction conferred on High Court .[ S.147 , Art , 226 ]

Kasautii Jewellers v. CIT (2020) 274 Taxman 49 / 195 DTR 389 / 317 CTR 675 (Jharkhand)(HC)

S. 148 : Reassessment – Notice –Alternative remedy – Writ petition dismissed -Order of Single Judge is affirmed [ S. 147, Art , 226 ]

Telekom Malaysia Berhad v. UOI (2020) 273 Taxman 179 / 195 DTR 143/ ( 2021 ) 320 CTR 347 (Karn.)(HC)

S. 148 : Reassessment –Jurisdiction of Assessing Officer – Proceedings initiated under section 148 shall be proceedings at stage of filing of return under section 139 of the Act- Directed the Assessing Officer to take appropriate decision within a period of one month of the receipt of the copy of judgement . [ S. 124(2), 147 Art , 226 ]

Ashick Abraham v. PCIT (2020) 272 Taxman 538 / 191 DTR 282 / 315 CTR 723 (Ker.)(HC)

S. 148 : Reassessment – Non -Resident Indian – Notice issued by Madurai Income tax Officer when the assessee is staying in Shimoga Karnataka is held to be bad law and without jurisdiction [ S. 120 , 127 , 147 Art , 226 ]

Abdul Azeez Haroon v. Dy. CIT (IT) (2020) 270 Taxman 216 / 194 DTR 306 / 317 CTR 610 (Mad.)(HC)

S. 147 : Reassessment – Survey – Failure to furnish details of invoices for expenses- Reassessment is held to be valid [ S. 37(1),133A, 148 , Art , 226 ]S. 147 : Reassessment – Survey – Failure to furnish details of invoices for expenses- Reassessment is held to be valid [ S. 37(1),133A, 148 , Art , 226 ]

Mohan Ravi v. ITO (2020) 195 DTR 108 /317 CTR 451 / 268 Taxman 408 (Mad.)(HC)

S. 147 : Reassessment – Depreciation – Water supply and drainage – Allowed depreciation at 15%- Issue was subject matter of revision and considering the reply the revision proceedings were dropped – Reassessment is held to be not valid [ S. 32 , 148, 263]

S. 147 : Reassessment – Depreciation – Water supply and drainage – Allowed depreciation at 15%- Issue was subject matter of revision and considering the reply the revision proceedings were dropped – Reassessment is held to be not valid [ S. 32 , 148, 263]

CIT v. Neyveli Lignite Corporation Ltd. (2020) 273 Taxman 322 / 193 DTR 6 (Mad.)(HC)

S.147: Reassessment- After the expiry of four years- Product development expenditure – Capital or revenue – Reassessment is held to be bad in law [ S.37 (1) ]

PCIT v. Vijayeshwari Textiles Ltd. (2020) 275 Taxman 560 / 196 DTR 126 (Mad.)(HC)