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. 234A : Interest-Default in furnishing return of income-Waiver of interest-legal and financial disability for a long period due to subsistence of winding up order, no interest would be payable under sections 234A, 234B and 234C for aforesaid period. [S. 119(2)(a), 234B, 234C, Art. 226]
TVL Sanmac Motor Finance Ltd. v. CCIT (2020) 271 Taxman 51 (Mad.)(HC)
S. 220 : Collection and recovery-Assessee deemed in default-Stay application-Directed to dispose stay application expeditiously and until said application is disposed of the Assessing Officer should not insist upon compliance of the recovery notice. [S. 220(6), Art. 226]
Pirna Urban Co-op. Credit Society Ltd. v. ITO (2020) 271 Taxman 32 (Bom.)(HC)
S. 147 : Reassessment-After the expiry of four years-Housing project-No failure to disclose material facts-Reassessment is held to be not valid. [S. 80(IB)(10)(f), 148, Art. 226]
Anand Developers v. ACIT (2020) 271 Taxman 44 /425 ITR 261 (Bom.)(HC)
S. 271(1)(c) : Penalty-Concealment-Export oriented undertakings-Bonafide claim-Deletion of penalty is held to be justified. [S.10B]
PCIT v. Core Carbons (P.) Ltd. (2020) 273 Taxman 420 (Mad.)(HC)
S. 264 : Commissioner-Revision of other orders-Conversion of immoveable property in to stock in trade-Shown as capital gains-Matter remanded to Commissioner. [S. 5A, 143(1), Art. 226]
Rajesh Prakash Timlo v. PCIT (2020) 272 taxman 59 /116 taxmann.com 487(Bom.)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Made enquiries and dropped reassessment proceedings-Possible view-Revision is held to be not valid. [S. 11, 12A, 80G, 139(4A), 147, 148]
CIT v. International Society For Krishna Consciousness (2020) 272 Taxman 534 (Karn.)(HC)
S. 254(1) : Appellate Tribunal-Duties-Pronouncement of orders-Repeated adjournments for orders or for pronouncement of judgment where arguments have been heard and orders have been reserved would not be permissible even during lockdown. [S. 260A, Order XII, Rule 6 of CPC]
Dalbir Singh v. Satish Chand (2020) 273 Taxman 317 (Delhi)(HC)
S. 251 : Appeal-Commissioner (Appeals)-Powers-Inadvertently omitted to make claim for deduction under section 10B-All necessary facts were already on record-CIT (A or Appellate Tribunal ought to have entertained claim-Unlike an ordinary appeal, basic purpose of a tax appeal is to ascertain correct tax liability of assessee in accordance with law-Matter remanded. [S. 10B, 250, 254(1)]
Sesa Goa Ltd. v. ACIT (2020) 430 ITR 114 / 272 Taxman 543 (Bom.)(HC)
S. 250 : Appeal-Commissioner (Appeals)-Stay-Commissioner (Appeals) was directed to decide appeal and stay application without asking for deposit of 20 per cent of tax demand. [S. 226 (6), 249, Art. 226]
Aranattukara Oriental Service Co-op. Bank Ltd. v. CIT (2020) 273 Taxman 165 (Ker.)(HC)