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.148: Reassessment — Notice -Principal Officer- Notice issued in the name of Principal officer was quashed [ S.2(35(b) , 147 , Art . 226 ]

Suvendra Kumar Pand v .ITO ( 2020) 121 taxmann.com 27 / 276 Taxman 171 ( Mag) (Mad) (HC)

S. 2(22)(e):Deemed dividend – Amount received from subsidiary company as advance for providing corporate guarantee- Addition cannot be made as deemed dividend .

CIT v. Accel Ltd ( 2020) 429 ITR 36/ 273 Taxman 424/ 118 taxmann.com 103 ( Mad) (HC)

S. 2(22)(e):Deemed dividend – Director – No evidence to prove that the advance was in respect of sale of land – Addition as deemed dividend is held to be justified .

Vikram Krishna v. PCIT (2020) 114 taxmann.com 196 ( Delhi) (HC) Editorial: SLP of assessee is dismissed , Vikram Krishna v. PCIT (2020)269 Taxman 477/ 114 taxmann.com 197 (SC)

S. 2(22)(e):Deemed dividend – Share holder – Not a shareholder in a company from which loan was received – Loan amount cannot be assessed as deemed dividend

CIT v. Checkpoint Apparel Labelling Solutions ( India ) Ltd ( 2020) 120 taxmann.com 125 ( Mad) (HC)

S. 2(22)(e):Deemed dividend – Deposit for purchase of premises – Addition cannot be made as deemed dividend – No question of law .[ S.260A]

PCIT v. Dina S. Shah ( Smt) ( 2020) 117 taxmann.com 100 ( Bom) (HC)

S. 2(22)(e) : Deemed dividend—Share application money received by companies from other companies—Additions cannot be made as deemed dividend.

CIT v. Vikas Oberoi (2017) 396 ITR 215 / ( 2020) 115 taxmann.com 260 (Bom.) (HC) Editorial : SLP is dismissed due to low tax effect ,CIT v. Vikas Oberoi (2017) 393 ITR 74 (St.)/ (2020) 115 taxmann.com 261 /272 Taxmann.188 (SC)

Direct Tax Vivad Se Vishwas Act , 2020

S. 4: Filing of declaration and particulars to be furnished – Disputed tax – Pendency of Appeal before High Court – Permission to withdraw the appeal was granted –Given liberty to restore the appeal in the event the ultimate decision is taken on the declaration is against the assessee. [ S.260A ]

Bhimaas Engineering and Projects Pvt Ltd v. Dy CIT ( 2021) 430 ITR 519 ( Mad) (HC) Ind Mark Properties P .Ltd v. ACIT ( 2021) 430 ITR 500 ( Mad) (HC)

Advocates Act , 1961

S: 34 : Power of High Courts to make rules- Punishment of Advocates for misconduct – Independent Bar and Independent Bench form the backbone of the democracy – The Legal profession cannot be equated with any other traditional professions -It is not commercial in nature and is noble one considering the nature of duties to be performed and its impact on society – The role of a lawyer is indispensable in the system of delivery of justice – He is bound by the professional ethics and to maintain the high standard . [ S. 9, 33, 34 ,35, 37 , Constitution of India , Art , 32, 226, Madras High Court Rules , 1970 Rules, 14A, 14B, 14C , 14D ]

R. Muthukrishnan v. Registrar General High Court of Judicature at Madras ( 20190 16 SCC 407

Railways Act , 1989
S. 20D: Hearing of objections -Opportunity of being heard – Substantive right – Natural Justice -Audi Alteram Partem – Not mere formality – Until the order is communicated to the person affected by it , it cannot be regarded as anything more than being provisional in character [ Constitution of India , Art, 14, 19 , 300A Land Acquisition Act , 1894, S. 5A ]

Nareshbhai Bhagubhai & Ors v UOI ( 2019) 15 SCC 1

S. 244A : Refund – Interest on refunds – Un paid amount of tax the assessee entitle to interest this would not amount to granting interest on interest . [ S.244A(1) (b) ]

Garsim Industries Ltd v .DCIT ( 2021) BCAJ – January -P. 47 ( Mum) (Trib)