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(1) : Appellate Tribunal-Powers-Delay of 92 days-Averments made in the application for condonation of delay was not supported by any affidavit either of assessee or Chartered Accountant-Appeal was dismissed.

Sandeep Kumar Jain v. ACIT (2020) 184 ITD 276 (Delhi)(Trib.)

S. 250 : Appeal-Commissioner(Appeals)-Duties-Penalty-Search initiated on or after 1st June, 2007-Penalty order confirmed by the CIT(A) merely on ground that written submissions filed against said order did not bear signature of assessee-Order was set aside to the file of CIT(A). [S. 271AAA]

Keshavlal Devkaranbhai Patel. v. ACIT (2020) 184 ITD 131 (Rajkot)(Trib.)

S. 234E : Fee-Default in furnishing the statements-order pertaining period prior to 1-6-2015-Matter remanded to the file of CIT(A). [S. 200A, 250]

3S Technologies & Automation (P.) Ltd. v. ACIT (2020) 184 ITD 895 (Bang.)(Trib.)

S. 194J : Deduction at source-Fees for professional or technical services-Distribution of film-Minimum Guarantee Royalty (MGR)-Copy right-Royalty-Right of exhibition of cinematographic films-Not copy rights hence do not fall under term Royalty-Not liable to tax deduction at source-No disallowance can be made. [S. 40(a)(ia)]

ITO v. Yashovardhan Tyagi (2020) 184 ITD 461 (Delhi)(Trib.)

S. 194H : Deduction at source-Commission or brokerage-Discount on pre-paid sim cards-Not required to deduct tax at source.

Vodafone Idea Ltd. v. ACIT (2020) 184 ITD 204 (Cuttack)(Trib.)

S. 154 : Rectification of mistake-Development of Special Economic Zone-Lease rent income offered under the head income from house property. [S. 22, 80IAB]

Cessna Garden Developers (P.) Ltd. v. ACIT (2020) 184 ITD 814 (Bang.)(Trib.)

S. 154 : Rectification of mistake-Survey-Surrender of income-Undisclosed investment in stock-Provision of section 115BBE was not invoked in the original assessment proceedings-Charge of maximum rate in rectification proceedings is held to be not valid. [S. 69, 143(3) 115BBE]

ACIT v. Sudesh Kumar Gupta (2020) 184 ITD 651 / 193 DTR 265 / 206 TTJ 1019 (Jaipur)(Trib.)

S. 154 : Rectification of mistake-Unexplained purchases-Disallowance of 20%-Disallowance of entire purchase by passing a rectification order is held to be not valid. [S. 69C, 143(3)]

DCIT v. Gulshan Chemicals Ltd. (2020) 184 ITD 71 / 208 TTJ 1053 / ((2021) 197 DTR 274 (Delhi)(Trib.)

S. 153A : Assessment-Search-Share capital-Items already disclosed in original return and balance sheet-In absence of recovery of any incriminating material for making said addition in hands of assessee, said addition was to be deleted. [S. 68]

Alankar Saphire Developers v. DCIT (2020) 81 ITR 549 / 184 ITD 847 / (2021) 209 TTJ 491 (Delhi)(Trib.)

S. 153A : Assessment-Search-Several incriminating materials were found during course of search-Assessing Officer can interfere with original assessment while making assessment. [S. 143(1)(a)]

N. Roja v. ACIT (2020) 184 ITD 329 / 196 DTR 134 / 208 TTJ 603 (Cuttack) (Trib.)