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. 226 : Collection and recovery – Stay -Penalty demand – Collected more than 20% of penalty in dispute – Revenue is directed to refund the excess of 20% collected by the revenue [ Art .226 ]
Tata Telle Services Ltd v. PCT (2020) 196 DTR 145 / 317 CTR 841 (Delhi) (HC)
S. 201 : Deduction at source – Failure to deduct or pay – Covid -19 – Notices withdrawn – Proceedings dropped [ S. 201(1)(IA), Art , 226 ]
BT India P. Ltd. v. ITO (2020) 188 DTR 58 / 315 CTR 341 (Delhi)(HC)
S. 158BE : Block assessment – Time limit – Prohibitory order -Last panchanama- Prohibitory order does not extend the limitation – Order of Tribunal is affirmed . [ S.132 , 158BC ]
CIT v. Pushupati Granites P. Ltd. (2020) 188 DTR 109/316 CTR 663 (Bom) (HC)
S. 158BC : Block assessment – Undisclosed income –After examining the details the Tribunal deleted the addition on facts – No question of law [ S.158BB(1), 260A]
PCIT v. Sunil M. Thakkar (2020) 317 CTR 262 (Bom)(HC)
S. 148 : Reassessment – Notice issued u/s 92CA based on the reassment notice was challenged as the objection to reassment notice was not disposed off – Directed to dispose the objection and proceedings u/s 92CA was stayed [S. 92CA, 148, Art , 226 ]
Essilor India P. Ltd v. ACIT (2020) 187 DTR 430 / 315 CTR 199 (Karn) (HC)
S. 147 : Reassessment –Failure to deduct tax at source- No failure to disclose material facts – Reassessment is bad ib law .[ S.40(a)(ia), 148 Art , 226 ]
Nielsen (India) P. Ltd. v. Dy. CIT (2020) 187 DTR 451 (Bom) (HC)
S. 147 : Reassessment – Real estate business- Improvement cost –Change of opinion – Reassessment is hedl to be bad in law [ S.148 ]
PCIT v. K.R. Jayaram (2020) 192 DTR 281 / 316 CTR 560 (Mad) (HC)
S. 147 : Reassessment – Developing, operating and maintaining information technology parks – Lease rental – Change of opinion – Reassessment is held to be bad in law [ S.80IA(iii), 148]
CIT v. Tidel Park Ltd (2020) 317 CTR 440 / 195 DTR 191 (Mad) (HC)
S. 69A : Unexplained money -Cold storage -Entries tallied with stock register – No vilatiion of U.P .Regulstion of Cold Storage Act , 1976- Deletion of addition is held to be justified -No question of law [S.260A, U.P. Regulation of Cold Storage Act, 1976. ]
CIT v. Kesarwani Sheetalaya (2020) 190 DTR 377 (All) (HC)
S.40(a)(iib):Amounts not deductible- Value added tax – Violation of principle of natural justice – Writ petition dismissed on the ground of alternative remedy [ Art , 14, 19(1)(g), 226 ]
Tamil Nadu State Marketing Corpn Ltd v. UOI (2020) 196 DTR 293 / 217 CTR 965 (Mad)(HC)