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. 244A : Refunds-Interest on refunds –Equalisation levy-Refund Interest on refund equalisation levy paid by assessee after three years compensation for use and retention of money collected in excess-Direction for payment of interest at rate of six per cent. From April 1 of the year following the financial year in which excess payments were made by assessee till date of actual refund-When the collection is illegal, there is a corresponding obligation on the Department to refund such amount with interest inasmuch as they have retained and enjoyed the money deposited. A refund due and payable to the assessee is a debt owed and payable by the Department.[Finance Act, 2016, ss. 164(i), 165, 166, 168(1), Art. 226]
Group M Media India Pvt. Ltd. v. Dy. CIT (IT) [2023] 157 taxmann.com 487 / (2025) 483 ITR 593 (Bom)(HC)
S. 226 : Collection and recovery-Modes of recovery-Stay-Pendency of appeal before CIT(A)-20 per cent of demand Computation of such amount-Amounts deducted and collected at source to be factored-The Assessing Officer could not have recovered more than 20 per cent of demand. [S. 156, 246A, 250, Art. 226]
Orion Security Solutions Pvt. Ltd. v.Dy. CIT [2023] 155 taxmann.com 411 / (2025) 483 ITR 209 (Delhi)(HC)
S. 201 : Deduction at source-Failure to deduct or pay-Order passed beyond reasonable time-Barred by limitation-Deduction of tax at source default after four years from financial years in question. [S. 201(1) 201(IA), 260A]
ITO v. Indian Oil Corporation Ltd. (2025) 483 ITR 60 (Patna)(HC)
S. 197 : Deduction at source-Certificate for lower rate-Assessing Officer passed an order on the assessee’s application under section 197 of the Income-tax Act, 1961 determining the rate of deduction of tax of 0.80 per cent. instead of lower rate of 0.35 per cent. on payments covered by section 194-0-Order set aside.[S.194-O, Art. 226]
Kay Kay Overseas Corporation v.Dy. CIT (2025) 483 ITR 63 (Bom)(HC)
S. 158BB: Block assessment-Computation-Undisclosed income –Books and documents discovered during search-Addition is valid. [S. 132, 260A]
Satyendra Kumar alias Satyendra Kumar Singh.v CIT (2025) 483 ITR 359 (Pat)(HC)
S. 154: Rectification of mistake-Mistake apparent from the record-Refund-Amalgamation-Directions issued for expeditious disposal of rectification application and grant of refund upon migration of cases within Department. [S. 237, Art. 226]
Virtusa Consulting Services Pvt. Ltd. v. Dy. CIT (2025) 483 ITR 356 (Telangana) (HC)
S. 154 : Rectification of mistake-Mistake apparent from the record-Notice issued in name of dead person-Notice quashed. [Art. 226]
Goutam Sadhan Bose. v.ACIT (2025) 483 ITR 137 (Cal)(HC)
S. 153A: Assessment-Search-Undisclosed income-No incriminating material-Order of Tribunal deleting the addition is affirmed. [S. 132, 260A]
PCIT v. Bharatnet Technology Ltd. [2024] 158 taxmann.com 28 / (2025) 483 ITR 435 (P & H)(HC)
S. 151 : Reassessment-Sanction for issue of notice –Approval taken of Principal Commissioner-Note sheets disclosing records placed containing remark of Joint Commissioner-Not resulting in wrongful exercise of jurisdiction by Principal Commissioner Remark of Joint Commissioner facilitating application of mind by Principal Commissioner-Sanction is valid. [S. 147, 148, Art. 226]
Mahendra Sisodia v. ITO (2025) 483 ITR 314 (Raj)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice–Assessee must be given an opportunity of personal hearing.[S. 148A(b), 148A(d), Art. 226]
Asamannoor Service Co-operative Bank Ltd v.ITO (2025) 483 ITR 648 (Ker)(HC)