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(2): Appellate Tribunal-Rectification of mistake apparent from the record – Non -consideration of a judgement of High Court – Not a mistake apparent from the record [ S.260A ]
CIT v. Sical Logistics Ltd. (2021) 281 Taxman 352/ 206 DTR 462 / 323 CTR 435 (Mad.)(HC)
S. 254(1) : Appellate Tribunal – Duties- Charitable Trust -Accumulation of income – cryptic order -Non -application of mind – Matter remanded [ S. 11(4A) ]
PCIT (Central) v. Moogambigai Charitable and Educational Trust. (2021) 281 Taxman 500 (Karn.) (HC)
S. 254(1) : Appellate Tribunal – Duties-Capital gains – Penny stock – Tribunal, without finding an error in approach of Assessing Officer could not have remanded back matter to Assessing Officer for fresh consideration.[ .S. 10(38) , 45 ]
CIT v. Pinky Devi (Mrs. ) (2021) 281 Taxman 609(Mad.)( HC)
S. 251 : Appeal – Commissioner (Appeals) – Powers -Stay –Natural justice – Stay application was rejected without providing an opportunity of hearing – Order was set aside [ S. 220 (6) , Art , 226 ]
Hubli Advocates Urban Co-op. Credit Society v. PCIT (2021) 281 taxman 634/ 208 DTR 261/(2022) 325 CTR 482 (Karn.) ( HC )
S. 245D : Settlement Commission – Application -Retraction of statement – Order passed by the Settlement commission rejecting the application was affirmed [ S. 245C, 245D(4) , Art , 226 ]
P. Udaya Shankar v. ITSC (2021) 281 Taxman 134 (Mad.) (HC )
S. 237 : Refunds – Refund was erroneously refunded to another company – Notice was issued to the department [ Art. 226 ]
CLC & Sons (P) Ltd v. Dy. CIT (2021) 281 Taxman 17 (Delhi) (HC)
S. 220 : Collection and recovery – Assessee deemed in default -Stay – Non -speaking order – Order set aside [ S. 220( 6), Art , 226 ]
Queen Agencies v. ACIT (2021) 206 DTR 180/ 281 Taxman 147/ 322 CTR 808 (Mad.) (HC)
S. 199 : Deduction at source – Credit for tax deducted -Cable operator – Subscription not shown as income – Tax deducted was paid to Government – Entitle to credit .[ S.199 (2) , Rule 37BA(2) (i) ]
PCIT v. Kal Comm. (P) Ltd. (2021) 436 ITR 66/ 203 DTR 249/ 321 CTR 771 / 281 Taxman 388 (Mad.) ( HC)