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. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Hearing concluded on 23-7-2019 and order was passed on 18-10-2019-Monetary limit prescribed Circular Nos. 3 of 2018 dated 11-7-2018 ie. 20 lkhs would apply and not circular No 17 of 2019 dated 18-8-2019 wherein the monitory limit of Rs. 50 lakhs was fixed. [S. 268A]

Dorf Ketal Chemical India (P.) Ltd. v. DCIT (2021) 186 ITD 681 (Mum.)(Trib.)

S. 254(1) : Appellate Tribunal-Powers-Delay of 124 days was condoned-Mistake of counsel-Supported by affidavit-Delay was condoned-Ex parte order passed by the Commissioner (Appeals) was set aside and directed him to decide on merits. [S. 251]

Kashmir Road Lines v. DCIT (2021) 186 ITD 454 (Amritsar) (Trib.)

S. 234E : Fee-Default in furnishing the statements-Prior to 1-6-2015-No fee can be levied. [S.200A]

Govt. Girls Sr. Secondary School v. ACIT (2021) 186 ITD 24 (Delhi)(Trib.)

S. 234E : Fee-Default in furnishing the statements-Tax deducted tax at source and deposited same on 18-5-2015 i.e. prior to amendment to section 200A(1) on 1-6-2015-Statement of TDS was filed on 23-6-2016-late fees could not be as default was prior to amendment. [S. 195, 200A (1)]

Franchise India Brands Ltd. v. CPC-TDS (2021) 186 ITD 338 (Delhi)(Trib.)

S. 201 : Deduction at source-Failure to deduct or pay-Bank-Interest paid to customer-Shown in their respective return-Should not be treated as an assessee-in-default-Matter remanded. [S. 194A, 197A, 201(1), 201(1A) Form No. 15G, 15H]

Union Bank of India v. ITO (2021) 186 ITD 761 (Kol.)(Trib.)

S. 195 : Deduction at source-Non-resident-Reimbursement of demurrage charges paid by assessee to a non-resident shipping company-Provision is not applicable. [S. 172]

Gokul Refoils & Solvent Ltd. v. DCIT(IT) (2021) 186 ITD 711 (Ahd.)(Trib.)

S. 154 : Rectification of mistake-Tax on income referred in section 68, or section 69 or section 69B or section 69C or section 69D-Search-Surrender of income-Maximum rate of 60 % tax rate cannot be levied-Rectification order was quashed [S. 115BBE 132]

Hari Narain Gattani v. DCIT (2021) 186 ITD 434 / 210 TTJ 771 (Jaipur)(Trib.)

S. 153A : Assessment-Search-Return filed after date of search-Assessing officer has the jurisdiction to make the assessment whether any incriminating materials were found/seized in the course of search-Failure to explain source of cash deposit in his account and account of minor son-Addition is held to be justified. [S. 68, 132]

Amit Arora v. ACIT (2021) 186 ITD 289 (Delhi)(Trib.)

S. 144C : Reference to dispute resolution panel-Form no 35A could not be signed by Director-Scanned copy signed by director residing other country-Rejection of Form No 35A was quashed-Directed the DRP to decide the issue on merits. [S. 143(3)]

Rivendell PE, LLD. v. ACIT (IT) (2021) 186 ITD 266 (Mum.)(Trib.)

S. 144C : Reference to dispute resolution panel-Draft Assessment Order-Cannot be assumed to be final assessment. [S. 143(3)]

Pricewaterhouse Coopers (P.) Ltd. v. DCIT (2021) 186 ITD 88 / 210 TTJ 419/ 203 DTR 201 (Kol.)(Trib.)