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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Interpretation of taxing statutes — Retrospective provision for the removal of doubts — Cannot be presumed to be retrospective if it alters or changes law as it stood- Ambiguity in language to be resolved in favour of assessee.

M. M. Aqua Technologies Ltd. v. CIT (2021)436 ITR 582/ 204 DTR 337/ 321 CTR 753/ 282 Taxman 281 (SC)

S. 268A : Appeal – Instructions – Monetary limits- Bogus long term capital gains – CBDT Circular No. 23/2019 dated 6-9-2019 and Office Memorandum No. 279 dated 16-09-2019 issued by CBDT – Apply prospectively – Dismissal of miscellaneous application by the Tribunal was held to be justified [ S. 254(2) , 260A ]

PCIT v. Anand Natwarlal Sharda (2021) 281 Taxman 300 (Guj.) ( HC)

S. 254(2A): Appellate Tribunal –Stay- Delay in disposal of appeal is not attributable to assessee in any manner- Tribunal can grant extension of stay of demand beyond 365 days in deserving cases- No substantial question of law . [ S.260A]

PCIT v. Honda Motorcycle and Scooter India(P) Ltd. (2021) 121 taxmann.com 93 ( P& H ) ( HC) Editorial : SLP of revenue dismissed , PCIT v. Honda Motorcycle and Scooter India(P) Ltd. (2021) 281 Taxman 361 (SC)

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. 234B : Interest – Advance tax -Non-resident – Entire tax was to be deducted at source – Not liable to charge any interest .

CIT(IT) v. SMS Mavac UK Ltd. (2021) 129 taxmann.com 91 (Delhi ) ( HC) Editorial : SLP is granted to the revenue; CIT(IT) v. SMS Mavac UK Ltd. (2021) 281 Taxman 364 (SC)