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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Karnataka Sales Tax Act, 1957
S. 8A: Power of State Government  to notify  exemption and reductions of tax –    Maximum ( or Max ) Retail Price ( MRP)  – MRP of a packaged product-Inclusive of all taxes-Cannot establish the collection of sales tax over the product [ Standard of Weights and Measures Act , 1976 , Rule 6 ]
	
						 
								
				Dy. CCT v. Hindustan Lever Ltd 2016 SCC Online SC 646
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
Karnataka Sales Tax Act, 1957
S. 5C:Levy of tax on the transfer of the right to use any goods-   Transfer of right to use – Charter Party Agreement  [  Andra Pradesh General Sales tax Act  1957 , S 5E,  Constitution of India , Art,  28, 246(4), 286, 297(3),  366(29A)(d) ]
	
						 
								
				Great Eastern Shipping Co. Ltd. v. State of Karnataka (2020) 35 SCC 354/(2020) 78 GST 98/MANU/SC/1674/2019
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
Goods and Services Tax (Compensation to States) Act, 2017
S.11: Other provisions relating to Cess- GST Compensation Cess – Valid – Traceable to Articles 246A, 248 as well as 270 [Constitution of India  Arts , 39, 245, 246(1)  246A,  248, 254, 269, 270,  271, 366(26A )
	
						 
								
				UOI v. Mohit Mineral (P) Ltd (2019) 2 SCC 599/AIR 2018 SC 318/(2018) 69 GST 743 (SC)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 271(1)(c) : Penalty – Concealment – Employee Stock ownership Plan-  Tax was deducted at source-  Mistake of tax consultant – No intention to  conceal income or deliberate default on part of  assessee – Levy of penalty is not justified .
	
						 
								
				Sushil Kumar Bhati v. ITO (2020) 81 ITR 218 ( Delhi ) (Trib)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S.271(1)(c): Penalty — Concealment – Not recording  of satisfaction -Penalty is held to be not valid . 
	
						 
								
				Gurusamy Ramamurthy v .ITO (2020) 81 ITR 9 ( Chennai ) (Trib)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 263 : Commissioner – Revision of orders prejudicial to revenue –  Advancing loans on hundi– Cash credits –  Books of account not rejected – Assessing officer has passed a detailed order while dealing and adjudicating the issues – Revision order is quashed .[ S. 68 ,143(3)  
	
						 
								
				Vinod Bhandari v. PCIT (2020) 81 ITR 237/ ( 2021 )) 214 TTJ 157  (Indore) (Trib)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S.254(1) Appellate Tribunal – Pronouncement of  orders — Extraordinary situation In Light of  Covid-19 Pandemic and lockdown — Period of  Lockdown days to be  excluded .
	
						 
								
				Arvind Metals and Minerals P. Ltd. v ACIT (2020) 81 ITR 648 (Kol) (Trib)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 246A : Appeal – Commissioner (Appeals) – Appealable orders –
 Order giving effect to order of  High Court not containing decision on any issue or  computation of  income — Not appealable —Period  from which interest has  to be  calculated on  outstanding demand — Appealable order. [ S.  80HHC ,80IB , 154 , 220 (2) , 234D ,244A,246 ]
	
						 
								
				ABC Exports v. ACIT (2020) 81 ITR 99 (Trib)(Jaipur)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 206C : Collection at source – Survey – Buyers manufacturing beedis from tendu leaves sold by  assessee — Liability only to extent of  tax collection at source on  such Sales and not on  whole sale amount —  Matter remanded for verification- Interest    with effect from 1-7-2012 Liable to pay interest from date on  which tax collectible to  date of  furnishing of  return by  respective buyers excluding period prior to  1-7-2012 [ S.206C(7) ,form , 27BA, 27C  ]
	
						 
								
				EID Mohammad Nizamuddin v. ITO (TDS) (2020) 81 ITR 127 (Jaipur) (Trib)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 154 : Rectification of mistake – Commissioner (Appeals) granting deduction on basis of  decision of  High Court — Decision subsequently reversed by full bench — Order rectifying and disallowing the interest is held to be justified  [ S.80P(2)(a) (i) ,  250  ] 
	
						 
								
				The Chombal Service Co-Operative Bank Ltd. v ITO (2020) 81 ITR 13 ( Cochin) (Trib)