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
The Direct Tax Vivad Se Vishwas Act, 2020.
S. 4 : Filing of declaration and particulars to be furnished – – Withdrawal application is allowed – Given liberty to restore this appeal in event ultimate decision to be taken on declaration filed by assessee under section 4 was not in favour of assessee . [ S.254 (1)
CIT v. Rikhabchand Vinod Kumar (2021) 277 Taxman 431 (Mad.)(HC)
The Direct Tax Vivad Se Vishwas Act, 2020.
S. 4 : Filing of declaration and particulars to be furnished – Remand of matter – Withdrawal application is allowed – Given liberty to restore this appeal in event ultimate decision to be taken on declaration filed by assessee under section 4 was not in favour of assessee
CIT v. J. Ashok Kumar (2021) 277 Taxman 434 (Mad.)(HC)
Direct Tax Vivad Se Vishwas Act, 2020
S. 4 : Filing of declaration and particulars to be furnished – Withdrawal application is allowed – Given liberty to restore this appeal in event ultimate decision to be taken on declaration filed by assessee under section 4 was not in favour of assessee [ S. 54F ]
Chokkalingam Sudhakar v. Dy. CIT (2021) 277 Taxman 312 (Mad.)(HC)
S. 147 : Reassessment – Book profit – No failure to disclose material facts – With in four years – Change of opinion – Reassessment is held to be bad in law . [ S.14A, 115JB , 148 ]
Dy .CIT v. Jamnalal Sons ( P )Ltd ( 2020 ) 189 DTR 69/ 203 TTJ 1008 ( Nag) ( Trib ) Dy.CIT v. Bachhraj Bhavan ( 2020 ) 189 DTR 69/ 203 TTJ 1008 ( Nag) ( Trib )
S. 271G : Penalty – Documents – International transaction – Transfer pricing –Failure to maintain documents – Levy of penalty is held to be not justified . [92C(1), 92CA, 92D, 92D(1)]
Dy .CIT v. Arjav Diamond India (P) Ltd ( 2020) 187 DTR 59/ 203 TTJ 771 ( Mum)( Trib)
S. 271(1)(c) : Penalty – Concealment – Failure to deduct tax at source – Transfer pricing adjustments- Explanation 7- Deletion of penalty is held to be justified . [ S.92C ]
ITO v. Tianjin Tianshi India P. Ltd. (2020) 189 DTR 26 / 205 TTJ 107 (Delhi)(Trib.) ITO v. Tianjin Tianshi India P. Ltd. (2020) 189 DTR 26 / 205 TTJ 107 (Delhi)(Trib.)
S. 246A : Appeal – Commissioner (Appeals) – Appealable orders –Dismissal of appeal – CIT (A) is directed to decide the appeal on merits . [ S.234E, 250 ]
Total Transport Systems Ltd v. ITO ( 2020) 187 DTR 53/ 203 TTJ 385 (Bang )(Trib)
S. 206C : Collection at source – Trading – Alcoholic liquor – Forest produce – Scrap – Levy of interest – Merely because the form No 27 filed by the assessee was incomplete levy of interest is not justified . [ S.201(IA , 206 (7) )
Rajasthan State Mines & Minerals Ltd v. ACIT ( 2020) 187 DTR 217 /207 TTJ 764 ( Jodhpur ) ( Trib)
S. 154 : Rectification of mistake – Review is not possible – Ascertain the correct and true nature of expenses – Rectification is held to be bad in law [ S. 37 (1) , 143 ( 3) ]
Dy. CIT v. Haryana Ware housing Corporation (2020) 188 DTR 360 / 204 TTJ 265 (Chd.) (Trib.)
S. 153D : Assessment – Search – Approval -Information through RTI – Approval not obtained – Order is bad in law [ S.143(3), 153A ]
Ajay Sharma v. Dy. CIT (2020) 187 DTR 132 / 204 TTJ 281 (Delhi)(Trib.)