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. 263 : Commissioner-Revision of orders prejudicial to revenue-Co-Operative society-Interest income-Income from other sources-Interest income derived from fixed deposits with cooperative banks-Entitle to deductions.[S.56, 80P(2)(d)]
Mullanpur Garibdas Co-operative Multipurpose Society. v. PCIT (2024) 114 ITR 646 / 207 ITD 454 /229 TTJ 847/ 238 DTR 153 (Chd) (Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Salary-Perquisite-Difference in salary as per Form No.16 and salary disclosed in ITR-Amount received on VRS-The Assessing Officer had not conducted proper inquiries in respect of claims made by assesseee-Revision is held to be justified. [S.10(10C),10(10CC), 10(10B), 16, 17(2), 40(a)(v), Form No.16]
Mafatbhai Bhikhabhai Parmar. v. PCIT (2024) 207 ITD 316/231 TTJ 85/240 DTR 338 (Ahd) (Trib.)
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Subsequent judgement of Supreme Court-Order of Tribunal cannot be recalled based on subsequent judgment of Supreme Court when order of Tribunal had attained finality between parties-Deduction of payment towards employees’ contribution to PF and ESIC is that same should be deposited on or before due date prescribed under PF and ESIC Acts-Rectification application of Revenue is dismissed. [S. 36(1)(va), 139(1)), Code of Civil Procedure, 1908, Order XLVII, rule 1]
DCIT v. ANI Integrated Services Ltd. (2024) 207 ITD 91 /231 TTJ 21/241 DTR 247 (Mum) (Trib.)
S. 253 : Appellate Tribunal-Appeals-Appeal in the name of dead person-Legal heir is not brought on record-Appeal of revenue is dismissed. [S. 254(1)]
DCIT v. Ranjeet Kumar Mohanlal Jain. (2024) 207 ITD 126 (Mum) (Trib.)
S. 250 : Appeal-Commissioner (Appeals)-Procedure-Erroneously decided appeal based on facts and grounds of different case-Order of CIT(A) is set aside [S. 56(2)(vii)(b), 147, 250(6)],
Bijesh Kabra. v. ITD (2024) 207 ITD 549/115 ITR 8 (SN) (Surat) (Trib.)
S. 250 : Appeal-Commissioner (Appeals)-Service of notice-Procedure-Ex parte order-Notice is not issued to email address provided by assessee in Form 35 or on email address provided in profile information-Order of CIT(A) is set aside and matter remanded back to adjudicate appeal afresh. [Form No 35]
Farhan Majid Dar. v. ITO (2024) 207 ITD 430 (Amritsar) (Trib.)
S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Pre-deposit of tax-Advance tax-No taxable income-No obligation to pay advance tax-Order of CIT(A) refusing to admit appeal for hearing for non-payment of tax as per provisions of section 249(4)(b) is set aside-Directed to decide the appeal on merits.[S. 208, 249(4)(b)]
Balwinder Singh. v. ITO (2024) 207 ITD 400 (Amritsar) (Trib.)
S. 244A : Refunds-Interest on refunds-Dividend Distribution Tax-Interest under section 244A is to be granted on refund of Dividend Distribution Tax (DDT).[S. 154, 156]
Piem Hotels Ltd. v. ACIT (2024) 207 ITD 736 (Mum.) (Trib.)
S.234E: Fee-Default in furnishing the statements-Position prior to 31-3-2015-Quarterly TDS statement-No enabling provision under section 200A for raising demand in respect of levy of fee under section 234E for a period prior to 31-03-2015. [S.200A, Form No 24Q]
Commander Works Engineers. v. ITO (2024) 207 ITD 152 (Amritsar) (Trib.)
S. 199 : Deduction at source-Credit for tax deducted-Year of allowance of TDS credit-Income offered-Credit is to be granted. [R.37BA]
Interglobe Technology Quotient (P.) Ltd. v. ACIT (2024) 207 ITD 360 /114 ITR 611 / 230 TTJ 545 /240 DTR 1 (Delhi) (Trib.)