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. 254(2A) : Appellate Tribunal-Powers-Stay-Capital gains-Denial of exemption-Deposited a sum of Rs. 15.71 lakhs out of demand of Rs. 61.99 lakhs, and directed to deposit a further sum of Rs.15 lakhs and on such deposit there shall be an order of interim stay till disposal of appeal before Tribunal. [S. 10(38), 45, 254(1), Art. 226]

Suneel Hirachand Shah v. ITO (2020) 271 taxman 97 (Mad.)(HC)

S. 250 : Appeal-Commissioner (Appeals)-Dismissal of appeal on the ground of defective appeal-Rejection of stay application-Directed to file additional memorandum of appeal and stay application. [S. 220(6), 271B, Art. 226]

Chirayinkeezhu Service Co-op. Bank Ltd v. ITO (2020) 271 Taxman 72 (Ker.)(HC)

S. 237 : Refund-Delay in processing refund-Duties of tax Authorities-Directed to process return of income as expeditiously as possible and pay refund to assessee if any due. [S. 143(1), Art. 226]

Aegis Customer Support Services (P.) Ltd. v. ITO (2020) 271 Taxman 198 (Bom.)(HC)

S. 234A : Interest-Default in furnishing return of income-Waiver of interest-legal and financial disability for a long period due to subsistence of winding up order, no interest would be payable under sections 234A, 234B and 234C for aforesaid period. [S. 119(2)(a), 234B, 234C, Art. 226]

TVL Sanmac Motor Finance Ltd. v. CCIT (2020) 271 Taxman 51 (Mad.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay application-Directed to dispose stay application expeditiously and until said application is disposed of the Assessing Officer should not insist upon compliance of the recovery notice. [S. 220(6), Art. 226]

Pirna Urban Co-op. Credit Society Ltd. v. ITO (2020) 271 Taxman 32 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Housing project-No failure to disclose material facts-Reassessment is held to be not valid. [S. 80(IB)(10)(f), 148, Art. 226]

Anand Developers v. ACIT (2020) 271 Taxman 44 /425 ITR 261 (Bom.)(HC)

S. 271(1)(c) : Penalty-Concealment-Export oriented undertakings-Bonafide claim-Deletion of penalty is held to be justified. [S.10B]

PCIT v. Core Carbons (P.) Ltd. (2020) 273 Taxman 420 (Mad.)(HC)

S. 271(1)(c) : Penalty-Concealment-Not recording of satisfaction-Order of Tribunal quashing the reassessment proceeding was affirmed.

PCIT v. Goa Coastal Resorts and Recreation (P.) Ltd. (2020) 272 Taxman 157 (Bom.)(HC) Editorial : SLP of revenue was dismissed , PCIT v. Goa Coastal Resorts and Recreation (P) Ltd ( 2021 ) 282 Taxman 463 ( SC)

S. 264 : Commissioner-Revision of other orders-Conversion of immoveable property in to stock in trade-Shown as capital gains-Matter remanded to Commissioner. [S. 5A, 143(1), Art. 226]

Rajesh Prakash Timlo v. PCIT (2020) 272 taxman 59 /116 taxmann.com 487(Bom.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Made enquiries and dropped reassessment proceedings-Possible view-Revision is held to be not valid. [S. 11, 12A, 80G, 139(4A), 147, 148]

CIT v. International Society For Krishna Consciousness (2020) 272 Taxman 534 (Karn.)(HC)