S. 40(a)(ia): Amounts not deductible – Deduction at source – When no deduction is claimed while computing business income , no disallowance can be made for failure to deduct tax at source [ S.30, 38 ]
Interactive Avenues Pvt Ltd v DCIT ( 2020) 196 DTR 249// 208 TTJ 945 ( 2021 ) 187 ITD 463 www.itatonline.org Mum) (Trib)
Digest of case laws
Online digest of latest case laws
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
Click here to download the pdf versions of the Digest of case laws Contempt of Courts Act , ( 70 of 1971 )
S. 12 : Punishment for contempt of Court – Advocate – Deliberately using haste / scandalous speech against Supreme Court and entire judicial system – Guilty of criminal contempt of Supreme Court [ Constitution of India , Art. 19 (1) , 129 ]
S. 271G : Penalty-Documents-International transaction-Transfer pricing-Department must mention document and information required to be furnished but not furnished by assessee within specified time-Levy of penalty is held to be not valid.
Procter and Gamble Hygiene And Health Care Ltd. v Dy. CIT (2020) 83 ITR 9 (SN) (Mum.)(Trib.)S. 271F : Penalty – Return of income-Failure to furnish-Depression and under continuous medical treatment-Reasonable cause-Levy of penalty is held to be not valid. [S. 139(1), 271(1)(b)]
Rupali Sanjay Bedmutha (Smt.) v. ITO (2020) 83 ITR 30 (SN) (Pune)(Trib.)S. 271D : Penalty-Takes or accepts any loan or deposit-Wife, son and daughter-Penalty not leviable-Transactions with business associates- Running account-Matter remanded to the Assessing Officer. [S. 269SS, 269T, 271E]
Gopal S. Pandith v. JCIT (2020) 83 ITR 66 (SN) (Bang.)(Trib.) Rajeshwari Pandith (Smt.) v. JCIT (2020) 83 ITR 66 (SN) (Bang.)(Trib.)S. 271C : Penalty-Failure to deduct at source-Non-Resident- Deducting the tax at one percent and before conclusion of proceedings depositing correct amount of tax at 20.6 % with applicable interest-Reasonable cause-Levy of penalty is held to be not valid. [S. 194(IA) 195, 273B]
Jitendra Sharma and Bharat Sharma and Shatrughan Sharma v. JCIT (IT) (2020)83 ITR 71 (SN)/( 2021 ) 187 ITD 352/201 DTR 246 /211 TTJ 510 (Indore)(Trib.)S. 271C : Penalty-Failure to deduct at source-Assessee in default-Fixed deposit-Form 15G-Reasonable cause-Levy of penalty is not valid. [S. 201(1), 201(IA), Form 15G]
Bank of India v. JCIT (2020) 83 ITR 412 (SN.) (Jaipur)(Trib.)S. 271AAB : Penalty-Search initiated on or after Ist day of July 2012-
Charge not specified in the notice-Penalty not sustainable-Returned income accepted-Levy of penalty is not justified. [S. 132(4), 143(3) & 274]
S. 271(1)(c) : Penalty-Concealment-Disallowance of set-off of loss from purchase and sale of shares treating it as speculation loss-Disallowance of claim-Penalty not sustainable. [S. 73]
TIL Investments P. Ltd. v. ITO (2020) 83 ITR 77 (SN) (Mum.)(Trib.)S. 271(1)(c) : Penalty-Concealment-Disallowance of interest on estimate basis-Penalty not leviable. [S. 36(1)(iii)]
Electron Colour Chem Pvt. Ltd. v. ITO (2020) 83 ITR 73 (SN) (Ahd.)(Trib.)