S. 237 : Refund – Delay in refund of excess of tax deducted at source- Interest on delayed refund becomes part of principal amount and also includes interest on delayed refund-Department was directed to pay compensation in form of simple interest on amount due. [S. 243, 244A(2)]
PCIT v. Ambuja Darla Kashlog Mangoo Transport Co-Operative Society (2020) 428 ITR 94 / 269 Taxman 618/ 317 CTR 363 / 195 DTR 99 (HP)(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. 220 : Collection and recovery-Assessee deemed in default-Stay of demand-Pendency of appeal before CIT(A)-Assessing Officer is directed to pass the order as per the guidelines issued by the Central Board of Direct Taxes. [S. 154, 220(2), 221]
Ganapathy Haridaass v. ITO (2020) 428 ITR 505 / 272 Taxman 548 (Mad.)(HC)S. 201 : Deduction at source-Failure to deduct or pay-Short deduction –Limitation-No time limit prescribed-Within reasonable Time- Proceedings initiated after four years-Barred by limitation. [S. 201(IA)]
DIT(IT) v. Executive Engineer (2020) 428 ITR 294/ 194 DTR 364 (Karn.)(HC) Bangalore Water Supply and Sewerage Board v. ITO(IT) (2020) 428 ITR 294/ 194 DTR 364 (Karn.)(HC)S. 194N : Payment of certain amounts in cash-Enquiry prior to commencement of relevant assessment year-Principle of natural justice is violated-No adequate opportunity to respond to notice-Notice is held to be not valid-Existence of alternate remedy is not an absolute bar on issue of writ. [S. 201(1), 201(IA), Art. 226]
Tirunelveli District Central Co-Operative Bank Ltd. v. Jt.CIT (TDS) (2020) 428 ITR 249 / 275 Taxman 60 / ( 2021 ) 202 DTR 61/ 321 DTR 86 (Mad.)(HC)S. 194C : Deduction at source-Contractors-Advance payment-Liability to deduct tax at source only if there is income-Reimbursement of expenses-No income arises-Tax not deductible at source. [S. 190]
Zephyr Biomedicals v. JCIT (2020) 428 ITR 398 / 317 CTR 129 / 194 DTR 337 / (2021) 276 Taxman 305 (Bom.)(HC) Orchid Biomedical Systems v. JCIT (2020) 428 ITR 398 / 317 CTR 129 / 194 DTR 337 / (2021) 276 Taxman 305 (Bom.)(HC)S. 153A : Assessment-Search-Deletion of addition is held to be justified-No question of law. [S. 260A]
PCIT v. Shiv Sahai and Sons (I.) Ltd. (2020) 428 ITR 363 / (2021) 277 Taxman 50(Mad.)(HC)S. 147 : Reassessment-Alternative remedy-Reassessment proceedings completed and appeal filed from order of reassessment -Writ is held to be not maintainable. [S. 148, Art. 226]
Suresh Kumar Agarwal v. Dy. CIT (2020) 428 ITR 101/ 317 CTR 1000 / 196 DTR 276 (Chhattisgarh) (HC)S. 147 : Reassessment-Notice issued after proper sanction-No return submitted in response to notice-Existence of alternate remedy-Writ to quash the notice is held to be not maintainable. [S. 148, 151, Art. 226]
Naval Kishore Khaitan v. PCIT (2020) 428 ITR 62 (AP)(HC)S. 147 : Reassessment –With in four years- Change of opinion- Speculative transactions – Reassessment is held to be not valid. [S. 43(5), 148]
PCIT v. Shree Laxmi Jewellery Pvt. Ltd. (2020) 428 ITR 379 (Mad.)(HC)S. 147 : Reassessment-With in four years-Agricultural land-Change of opinion-Reassessment is held to be not valid. [S.2(14), 148]
CIT v. Ramesh Shroff (2020) 428 ITR 499 (Mad.)(HC)