S. 271(1)(c) : Penalty–Concealment–Land shown as agricultural- Undertaken work to develop housing plots on land–Furnishing inaccurate particulars–Levy of penalty is held to be justified.
Chemmancherry Estates Company v. CIT (2019) 417 ITR 314 /( 2020) 268 Taxman 29(Mad.)(HC)
Digest of case laws
Online digest of latest case laws
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. 269UC : Purchase by Central Government of immoveable properties – Restrictions on transfer-Chapter XX-C of Income-Tax Act Litigation between owner and department-Writ petitions by original assessees withdrawn in 2016-Income-Tax Department had not taken any steps to take possession of land from 1994 to 2017—High Court directing Income-Tax Authorities to take conciliatory action under Section 119(2) of the Act. [S. 119(2), S. 269UD, 269UG, Art.226]
New White Rose CHS Ltd. v. Appropriate Authority (2019) 417 ITR 122 / 310 CTR 781/182 DTR 25//(2021) 124 taxmann.com 444 (Bom.)(HC)Editorial : Appropriate Authority v. New White Rose Chs Ltd (2021) 278 Taxman 279 (SC ) , SLP of revenue dismissed ,by observing that , CBDT, while taking a decision, shall not be influenced by the observations made in paragraphs 19 and 20 of the judgment of the High Court and shall decide the matter in accordance with law.S. 226 : Collection and recovery–Stay–Single judge directed the assessee to deposit 40 percent of total enforceable demand and furnish sufficient security for 35 percent of the total enforceable demand. [S. 220, 226(3)]
Bright Packaging Private Ltd v. ACIT (2019) 417 ITR 360 (Karn.) (HC) Editorial : Decision of single judge is affirmed, Bright Packaging (P.) Ltd. v. ACIT (2018) 256 Taxman 29 (2019) 417 ITR 356 (Karn.)(HC)S. 195 : Deduction at source-Non-resident-When the payment is not taxable–Not liable to deduct tax at source.
PCIT v. Dishman Pharmaceuticals and Chemicals Ltd. (2019) 417 ITR 373/ 112 taxmann.com 91 /(2020) 190 DTR 307 (Guj.)(HC)S. 153A : Assessment–Search-Block assessment-Search warrant in the name of firm–Documents seized–Subsequent change of address of firm–Search not invalidated–Assessment is held to be valid. [S. 132]
PCIT v. Associated Mining Co. (2019) 417 ITR 420/ 194 DTR 364 /( 2020) 312 CTR 531(Karn.)(HC)S. 148 : Reassessment–Notice issued to deceased person-Legal Representative of such person not waiving right to notice-Notice is held to be invalid. [S. 147, 292B]
Nanduben Ratilal Patel v. DCIT (2019) 417 ITR 31 /(2020) 188 DTR 292 (Guj.)(HC)S. 148 : Reassessment-Settlement of cases-Order passed by Settlement Commission-Notice of reassessment in respect of issues covered by such order is held to be not valid. [S. 147, 245C, 245D(4), 245I, Art. 226]
Komalkant Faikirchand Sharma. v. DCIT (2019) 417 ITR 11/ 265 Taxman 284/ 183 DTR 225/ 311 CTR 705 (Guj.) (HC)S. 148 : Reassessment–Territorial Jurisdiction of High Court- Assessment at Hyderabad-Notice of reassessment at Mumbai-Bombay High Court has discretion to refuse to consider writ petition. [S. 147, Art. 226]
HSBC Holdings Plc. v. DCIT (2019) 417 ITR 74/ 266 Taxman 82/ 183 DTR 269 / 311 CTR 565 (Bom.)(HC)S. 148 : Reassessment–Notice issued in name of dead person- Objection raised–Notice is not valid–Subsequent proceedings are also to be quashed. [S. 159, 292B]
Pranav Ravindrabhai Shah. v. ITO (2019) 417 ITR 200 (Guj.)(HC)S. 147 : Reassessment-Survey–Retraction-Notice based solely on statement recorded during survey-Held to be not valid. [S. 132(4), 133A(iii), 148]
A. Thangavel Nadir Stores v. ITO (2019) 417 ITR 50 (Mad.)(HC)