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. 249 : Appeal-Commissioner (Appeals)-Payment of admitted tax-Unless and until, assessee has paid income tax due on income returned by him, no appeal under Chapter XX will be admitted. [S. 249(4)(b)]
Pesco Beam Environmental Solutions (P.) Ltd. v. DCIT (2020) 275 Taxman 211 (Mad.)(HC)
S. 244A : Refund-Interest on refunds-Tax deducted by employer-Appellate Authorities have held that tax was not liable to be deducted-Entitle refund with interest. [S. 244A(1)(a)]
P.R. Ganapathy v. CIT (2020) 275 Taxman 279 (Mad.)(HC)
S. 234B : Interest-Advance tax-Non-Resident-Levy of interest is not liable. [S. 195]
DIT(IT) v. Texas Instruments Incorporated (2020) 275 Taxman 614 (Kern.)(HC)
S. 194C : Deduction at source-Contractors-Contractual work of up-linking and broadcasting programmes-Not technical services-Rightly deducted the tax as per section 194C of the Act-Provisions of Section 194J is not applicable. [S. 9(1)(vii), 194J]
CIT v. Media Word Wide (P) Ltd (2020) 275 Taxman 272 (Cal.) (HC)
S. 153A : Assessment-Search-Bad debt-No incriminating documents-Deletion of addition is held to be justified.
PCIT v. Rameshbhai Jivraj Desai (2020) 275 Taxman 522 (Guj.)(HC)
S. 148 : Reassessment-Service of notice-Notice to an authorised representative-Representative appeared before the Assessing Officer-Alternative remedy-Writ is held to be nor maintainable. [S. 147, 246, 292BB, Art. 226]
Chandrasekaran v. ITO (2020) 275 Taxman 452 (Mad.)(HC)
S. 147 : Reassessment-Business loss-Share dealing-Allowed after making thorough scrutiny-Review of assessment is not permissible. [S. 28(i), 148]
PCIT v. Safe Corrugated Containers P. Ltd. (2020) 275 Taxman 53 (Mad.)(HC)
S. 147 : Reassessment-Guideline value-Cannot be the basis for reopening of assessment. [S. 45, 69, 148, Art. 226]
S. Kamarasu v. ITO (2020) 275 Taxman 392 (Mad.)(HC)
S. 147 : Reassessment-Capital gains-Agricultural land-Later the property used for commercial purposes-No new tangible material-Reassessment is held to be bad in law. [S. 2(14), 54F, 148]
CIT v. Ramesh Shroff (2020) 275 Taxman 323 (Karn.)(HC)
S. 145A : Method of accounting-Valuation-Excise duty-Excisable goods manufactured and lying in stock, excise duty element is not to be included in valuation of closing stock.
CIT v. SPR Group Holdings P. Ltd. (2020) 275 Taxman 215 (Karn.) (HC)