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. 246A : Appeal-Commissioner (Appeals)-Appealable orders-S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Sales tax subsidy-Shown taxable in the return-CIT(A) is justified admitting the additional ground-Order of Tribunal is affirmed.[S.4, 139(5), 254((1)]

PCIT v. Shantinath Detergents (P.) Ltd. [2024] 461 ITR 302 (Cal)(HC)

S. 260A : Appeal-High Court-Delay of 2139 days-Lacked bona fides- Order of High Court refusing to condonation of delay-SLP dismissed. [Art. 136]

Siva Industries And Holdings Ltd. v Asst. CIT (2024)461 ITR 142/297 Taxman 59 (SC) Editorial : Refer, Siva Industries and Holdings Ltd. v. Asst. CIT (2023 ) 153 taxmann.com 354/ (2024) 461 ITR 133 (Mad)(HC)

S. 245D : Settlement Commission-Settlement of cases-Procedure-Assessee paid taxes on own calculations-Compliance of the provisions of section 245D (2D)-No abatement-Matter remanded to Interim Board. [S. 245AA 245C,245D(2D), 245HA(1)(ii), Art.226]

Mahesh Gupta v. ITSC [2024] 461 ITR 267 (Bom HC)

S. 245C : Settlement Commission-Settlement of cases-Pending cases-Constitution validity of an amendment to Section 245A discontinuing operation Settlement Commission w.e.f. 01-02-2021 also challenged the validity of Circular / Order F.No. 299/22/2021-DIR(INV.III) dtd. 28-09-2021-Last date mentioned in circular should read as 31-3-2021-Orders rejecting applications on ground that no case pending as on 31-1-20021 set a side-Applications to be deemed pending for consideration by Interim Board-Abolition of Settlement Commission-Jurisdiction of court-Right to seek resolution through Settlement Commission conferred by statute-Within policy realm of State to take away remedy or benevolence given-Court cannot substitute its opinion to abolition of Settlement Commission. [S. 245A, 245D, 245M, Art. 226]

Jain Metal Rolling Mills v. UOI (2024) 461 ITR 423 (Mad)(HC)/Editorial : SLP of Revenue is dismissed , UOI v. Velammal Chennai Educational Trust (2024)467 ITR 169/ 67 taxmann.com 372 (SC)

S. 245C : Settlement Commission-Settlement of cases-Conditions-Validity of amendments to Act abolishing Settlement Commission and Circular issued by CBDT stipulating final date for filing application before Settlement Commission-Dismissal of writ petition by a single judge at admission stage is held to be not proper-Respondents are directed to file affidavits for consideration of legal aspects-Limitation-Search cases-Notices are stayed till the disposal of appeals. [S. 132, 153A, 245D, Art. 226]

Pradeep Kumar Naredi v. UOI [2024] 461 ITR 418 (Cal)(HC) RSB Industries Ltd v. UOI [2024] 461 ITR 418 (Cal)(HC) Editorial : Pradeep Kumar Naredi v. UOI [2024] 461 ITR 414 (Cal)(HC)(Single Judge ), Also refer Sar Senapati Santaji Ghorpade Sugar Factory Ltd. v. ACIT [2024] 161 taxmann.com 166 (Bom) (HC)

S. 237 : Refunds-Central Board of Direct Taxes-Refund of tax deduction at source-Less than Rs.5 lakhs-Condonation of delay-Application seeking condonation of delay in filing the revised return-Refund in revised return is based on Form 16A for TDS on rental income, and the claim was not supplementary as per Instruction No. 12 dated 30-10-2003-Application for condonation of delay in filing the revised return is directed to be allowed-Entitle to refund which is within prescribed upper limit. [S.119(2)(b),139(4), Art. 226]

Sri Hari Rao & Co v. CCIT (2024)461 ITR 363/161 taxmann.com 592 /339 CTR 94 (Telangana)(HC)

S. 154 : Rectification of mistake-Mistake apparent from the record-Refund-Short grant of credit of tax deducted at source-Brought forward loss and unabsorbed depreciation- Direction issued to decide the application within eight weeks’ time.[Art. 226]

Afilias India Pvt. Ltd. v. Dy. CIT (2024)461 ITR 90 / 161 taxmann.com 235 (Delhi)(HC)

S. 153C : Assessment-Income of any other person-Search-Statement on which reliance has been placed for issuance of notice under section 153C shall be provided to the assesse-Order is set a side with the direction. [Art. 226]

Madurai Srinivasagam Sunther v. Dy. CIT [2024] 461 ITR 275 (Mad ) HC)

S. 153C : Assessment-Income of any other person-Search-Not discharged the burden of having agricultural income-Addition as undisclosed income is justified-Order of High Court is affirmed. [s. 260A, Art. 136]

K. M. Fathima v. CIT (2024)461 ITR 85/ 297 Taxman 385(SC) Editorial : Refer K. M. Fathima v. CIT (2022) 20 ITR-OL 439 (Ker)(HC)

S. 153A: Assessment-Search-No incriminating material-Completed/unabated assessments-Order of Tribunal deleting the addition is affirmed.[S.132, 132A, 147, 148]

PCIT v. Shyama Power India Ltd. [2024] 461 ITR 350(Gauhati) (HC)