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. 281B : Provisional attachment -Debatable issue – Quantum of tax being high cannot be ground for attachment — Order unsustainable [ S.28 (ii)(a),28(iv), 246A, Art , 226 ]
Abul Kalam v. ACIT (2020) 272 Taxman 467/ 194 DTR 379/ 317 CTR 477 / (2021) 431 ITR 395 (Cal)(HC)
S. 143(3) : Assessment – No violation of principle of natural justice – Alternative remedy is available – Writ is held to be not maintainable [ S.156 , 281B, Art , 226 ]
Abul Kalam v. ACIT (2020) 272 Taxman 467/ 194 DTR 379/ 317 CTR 477 / (2021) 431 ITR 395 (Cal)(HC)
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Scope of Explanation 2(a) – Mere lack of necessary enquiries cannot lead to revision- Reassessment is held to be bad in law . [ S.11, 12, 13 ]
JRD Tata Trust v. JCIT (2021) 85 ITR 431 (Mum)( Trib.)
S. 253 : Appellate Tribunal – Power to condone delay – delay of 654 condoned. [ S. 253 (5), 254 (1)]
Vijayeta Buildcon Pvt. Ltd vs. ACIT (2021) 186 ITD 493 / 123 taxmann.com 133 (Jaipur)( Trib.)
S. 194C: Deduction at source – Contractors – Payments for maintenance charges – No failure to deduct tax.[ S.194I , 201(1), 201( 1A)]
Kapoor Watch Company (P) Ltd v. ACIT (2021) 209 TTJ 793/ 198 DTR 97/ 85 ITR 32 (Delhi) (Trib)
S. 153C : Assessment – Income of any other person – Search and seizure – Disallowance of expenses – the scope of making assessment of total income in an unabated assessment proceedings is limited – can be only of income that is not disclosed and which is detected or which emanates from material found in search of some other person and which relate to the Assessee. [ S.132 ]
Shree Lakshmi Venkateshwara Minerals v. Dy. CIT(2021)186 ITD 695 (Bang)(Trib)
S. 153A : Assessment – Search or requisition – The scope of making assessment of total is limited – Can be only of income that is not disclosed and which is detected or which emanates from material found in search.[ S.132 ]
Vijayeta Buildcon Pvt. Ltd v. ACIT (2021) 186 ITD 493 / 123 taxmann.com 133 (Jaipur) ( Trib.)
S. 143(3) : Assessment – Validity – Assessment on a non-existent entity is bad in law
Satyam Computer Services Ltd. v. Dy. CIT(2021) 186 ITD 39 (Mum)(Trib)
S. 92C : Transfer pricing – Arms’ length price – A company engaged in KPO services is not comparable to software development service company.
Microchip Technology (India) (P) Ltd v. ACIT (2021) 186 ITD 156 (Bang) (Trib)
S. 92C : Transfer pricing – Arms’ length price – Availment of support services from AE had benefitted business of assessee – Thus, ALP of management fee paid to AE could not be determined at nil.
Michelin India (P) Ltd v. JCIT (2021)186 ITD 62 (Delhi) (Trib)