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. 226 : Collection and recovery-Modes of recovery-Garnishee notice-Aggrieved person-Tax payable by defaulter-Person who has received the garnishee notice is not aggrieved person-He cannot challenge the notice he has to comply the notice by depositing dues of defaulter to income-tax department. [Art. 226]
Kavin Kumar Kandaswamy v. CCIT (2021) 282 Taxman 163 (Mad.) (HC)
S. 226 : Collection and recovery-Modes of recovery-Appeal effect to orders-direction was issued to cancel the demands and also issue refunds with interest. [S. 244A, 271(1), Art. 226]
Silicon Graphics Systems (India) Pvt. Ltd. v. PCIT (2021) 438 ITR 397 (Delhi)(HC)
S. 226 : Collection and recovery-Modes of recovery-Attachment by income tax department-Priority of debts-Mortgaged property-Secured creditors-Income-Tax Department does not have priority of Income-tax dues-Secured creditors have priority over Income-Tax Department-The order of attachment was held to be not valid. [Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, S. 13(2), 13(4) Art. 226]
Edelweiss Asset Reconstruction Co. Ltd. v. Tax Recovery Officer (2021) 438 ITR 568 / 205 DTR 1 / 322 CTR 137 (Bom.) (HC)
S. 226 : Collection and recovery-Modes of recovery-Pendency of appeal-Stay was granted till disposal of appeal pendency of appeal [S. 246A, Art. 226]
Electricity Board Employees Co-Operative Society Ltd. v. ITO (2021) 437 ITR 272 (Ker.)(HC)
S. 222 : Collection and recovery-Certificate to Tax Recovery Officer-Auction-Cash deposited was treated as unexplained investment-Amount forfeited to government account-Only in case of reauction is successful the assessee would get the benefit of sale proceeds. [Second Schedule, R. 57, 58, ,Vivaad Se Vishwas Scheme, 2020,Art. 226]
Ashwani Kumar v. ITO (2021) 282 Taxman 470 /(2022) 325 CTR 221/ 445 ITR 474/ 210 DTR 290 (P & H) (HC)
S. 220 : Collection and recovery-Assessee deemed in default-Interest-Waiver of interest-Non-Co-operation-Film actor-Cash system of accounting-Rejection of waiver application was held to be justified. [S. 143A, 220(2), 220(2A), Art. 226]
R. S. Suriya v. PCIT (2021) 437 ITR 582 (Mad.)(HC)
S. 192 : Deduction at source-Salaries received by Nuns and Priests-Not diverted at source by overriding title-Provision not violative of Article 25 of Constitution-Circular cannot provide exemption from deduction of tax to salaries received by Nuns and Priests-No estoppel against law. [S. 4, 15, 119, Art. 25]
Provincial Superior v. UOI (2021) 438 ITR 548 / 205 DTR 25 / 322 CTR 233 (Ker.)(HC)
S. 179 : Private company-Liability of directors-Recovery of tax-Burden on director to prove that non-recovery of dues from company was not due to his gross negligence or misfeasance-Agreement amongst directors not binding on-revenue-Recovery proceedings was held to be valid-Interpretation-Difference between Rights in Personam and Rights in Rem. [S. 246, 264, Art. 226]
Rajeev Behl v. PCIT (2021) 438 ITR 612 / 206 DTR 390/ 323 CTR 71/(2022)) 284 Taxman 128 (Delhi)(HC)