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
Click here to download the pdf versions of the Digest of case laws

S. 237 : Refunds-Pendency of appeal before DRP-No recoverable demand-Refund cannot be withheld to be adjustment towards anticipated demand. [S.144C(5), 220,254(1), Art.226]

IBM India (P.) Ltd. v. Dy. CIT (2024) 297 Taxman 105/338 CTR 869 (Karn)(HC)

S. 226 : Collection and recovery-Modes of recovery-Capital gains-Full value of consideration-Stamp valuation-Pendency of appeal-Directed to the recovery till disposal of the appeal by the CIT(A). [S. 50C, 56(2)(x), 250, Art. 226]

Namudha v. ITO (2024) 297 Taxman 243 (Mad.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal-Direction of High Court is modified and requirement of security with respect to penalty was to be dispensed with.[S.115-O, 226, Art. 136]

Cognizant Technology Solutions India (P.) Ltd. v. ACIT (2024) 297 Taxman 137 /464 ITR 190/ 338 CTR 141 (SC) Editorial: Cognizant Technology Solutions India (P.) Ltd. v. ACIT(2024) 158 taxmann.com 428 /338 CTR 143/464 ITR 183 (Mad)(HC)

S. 194I : Deduction at source-Rent-Storage charges-Storage tanks-Did not qualify either as land or as building-Not liable to deduct tax at source. [S. 201(IA), (260A]

CIT (TDS) v. B. Arunkunar Trading Ltd (2024) 297 Taxman 567 /465 ITR 748/339 CTR 49 (Bom)(HC)

S. 154 : Rectification of mistake-Mistake apparent from the record-Refund of tax deduction at source-Central Board of Direct Taxes-Instructions-Application was filed after 12 years from assessment year-High Court dismissed as barred by limitation-SLP dismissed as withdrawn with the liberty to make an application before CBDT.[S. 119, art.136]

Gee Cee Metals (P.) Ltd. (AOP) v. PCIT (2024) 297 Taxman 67 (SC) Editorial : Gee Cee Metals (P.) Ltd. (AOP) v. PCIT (2023) 152 taxmann.com 331/445 ITR 211 (Uttarakhand)(HC)

S. 153C : Assessment-Income of any other person-Search and seizure-Satisfaction note-Served satisfaction note subsequent to notice under section 143(2)-Writ petition is dismissed.[S. 132 142(1), Art. 226]

Shyamlal Rupchand Parwani v. ACIT (2024) 297 Taxman 581 / 337 CTR 850 (Guj.)(HC)

S. 153C : Assessment-Income of any other person-Search-Satisfaction note-Limitation-Where no satisfaction is recorded year of search has to be considered-High Court quashed the proceedings-SLP of Revenue is dismissed. [S. 132, 153A]

PCIT v. Gali Janardhana Reddy (2024) 297 Taxman 62/463 ITR 697 (SC) Editorial : PCIT v. Gali Janardhana Reddy(2023) 152 taxmann.com 332/ 454 ITR 467 (Karn)(HC)

S. 153C : Assessment-Income of any other person-Recording of satisfaction is mandatory by the Assessing Officer of searched person-Order of High Court affirming the order of Tribunal is affirmed-SLP of Revenue is dismissed. [S. 143(3)]

PCIT v. G. Lakshmi Aruna (Smt) (2024) 297 Taxman 396 (SC) Editorial: PCIT v. G. Lakshmi Aruna (2023) 150 taxmann.com 107 /333 CTR 257/225 DTR 417 (Karn)(HC)

S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years-Satisfaction recorded by Joint Commissioner-The notice issued under section 148 and order is set aside by High court-Notice is issued in SLP filed by the Revenue. [S. 147, 148, 151 (1), Art. 136]

ITO v. Pinki Rajesh Modi (2024) 297 Taxman 397 (SC) Editorial: Pinki Rajesh Modi v. ITO (2023) 153 taxmann.com 469/(2023) 294 Taxman 491 (Bom)(HC)

S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years-Sanction was issued by Joint Commissioner-Notice and order disposing the objection is quashed and set aside-Notice is issued in SLP filed by the Revenue. [S. 147, 148, 151(1), 151(2), Art.136]

Dy. CIT v. Thirdware Solution Ltd. (2024) 297 Taxman 8 (SC) Editorial: Thirdware Solution Ltd v. Dy.CIT(2023) 146 taxmann.com. 364 (Bom)(HC)