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. 245D : Settlement Commission-After a period of one year from settlement, revenue could not be allowed to raise said technical plea, as with mere change of Revenue Officer, opinion cannot be allowed to change. [S. 245C, 245D(4), Art.226]

CIT v. ITSC (2021) 276 Taxman 124 (Patna)(HC)

S. 153A : Assessment-Search-Cash seized-Failure to produce material-Addition is held to be justified. [S. 132]

Blue Lines v. ACIT (2021)431 ITR 144/ 276 Taxman 388/ 199 DTR 277/319 CTR 661 (Karn.)HC)

S. 153A : Assessment-Search-No incriminating material was found- Assessment attained finality-Completed assessment could not be disturbed. [S. 132, 143(1), 143(3)]

PCIT v. Rameshbhai Jivraj Desai (2021) 276 Taxman 154 (Guj.)(HC)

S. 147 : Reassessment-Principal officer-Director for short period-Assessee cannot be held to be Principal Officer-Notice was set aside. [S. 2(35), Art. 226]

Suvendra Kumar Panda v. ITO (2021) 276 Taxman 171 (Mad.)(HC)

S. 147 : Reassessment- After the expiry of four years-Deduction at source-Rent-Audit objection-Reassessment is held to be not valid. [S. 40(a)(ia) , 148 , 194I]

PCIT v. Bharathi Constructions (2021) 276 Taxman 244 (Mad.)(HC)

S.143(3) : Assessment -Unexplained money-Initiation of penalty proceedings-Cryptic order-Non issue of notice-Violation of principle of natural justice-Writ is not maintainable. [S. 69C, 142(1), 271AAC, Art. 226]

Sapta Panchait Kirshk Seva Swablambi Sahkari Samiti Ltd. v. UOI (2021) 276 Taxman 7 /199 DTR 148 / 320 CTR 356(Patna)(HC)

S. 143(3) : Assessment-Mismatched PAN-Demonetised notes- Assessment order was passed without considering material produced by assesse-Court directed to redo the assessment after considering the materials on record. [Art. 226]

IY TEE CEE Trading Company v. ACIT (2021) 276 Taxman 116/199 DTR 110/ 319 CTR 710 (Ker.)(HC)

S. 127 : Power to transfer cases-Search and Seizure-Show cause notice had clearly spelt out reasons for proposed transfer of case of assesse-Dismissal of petition by High Court is affirmed. [S. 132 Art. 226]

V.V. Minerals v. PCIT (2021) 276 Taxman 279 (SC) Editorial: Affirmed the Judgment in V.V. Minerals v. PCIT (Mad.)(HC) (WAMD No. 417/2020 dt 30 -6 -2020)

S. 115A : Foreign companies-Tax-Dividends-Royalty-Technical services fees-Rates prevailing during different periods under DTAA and under section 115A which were more beneficial to assessee, had to be applied-DTAA-India-USA. [S. 90(2), Art. 12]

DIT (IT) v. IBM World Trade Corporation (2021) 436 ITR 641 / 276 Taxman 211 (Karn.)(HC)

S. 92C : Transfer pricing-Arm’s length price-TPO passing the order without following the Direction of the Appellate Tribunal-Alternative remedy is available-Writ is not maintainable-Order of single judge rejecting the Writ petition is affirmed. [S. 92CA, 143, 144C, 148, Art. 226]

Hyundai Motor India Ltd. v. Dy. CIT ( 2021) 432 ITR 306/ 276 Taxman 156 / 199 DTR 124 /320 CTR 106 ( Mad) (HC)