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. 279 : Offences and prosecutions–Compounding–Review–Compounding fees was levied 5% as treating the same as second application–Review petition was dismissed. [S. 201(1), 276B, 279(2), CPC, S. 114]

PEB Steel LLoyd (India) Ltd. v. PCIT (2020) 423 ITR 29/ 185 DTR 233/ 313 CTR 200 (MP) (HC) PEB Steel LLoyd (India) Ltd. v. PCIT (2020)423 ITR 29 / 185 DTR 240 / 313 CTR 207(MP) (HC)

S. 271(1)(c) : Penalty–Concealment–Capital gains-Merely because claim is not accepted levy of penalty is held to be not justified. [S. 45, 54EC]

CIT v. BharatkumarManeklal Parikh (2020) 185 DTR 77 (Bom.)(HC)

S. 260A : Appeal-High Court-Issue not contested cannot be agitated before the High Court. [S. 37(1)]

PCIT v. Merck Ltd. (2020) 185 DTR 401 / 312 CTR 242/ 275 Taxman 181/ ( 2021 ) 434 ITR 596 (Bom.) (HC)

S. 245D : Settlement Commission–Full and true disclosure– Additional income disclosed–Justified in holding that there was a full and true disclosure-Writ petition of revenue is dismissed . [S. 133A, 245C, 245D(4), Art. 226]

PCIT v. Shankarlal Nebhumal Uttamchandanni (2020) 186 DTR 169 / 114 taxmann.com 638 /313 CTR 184(Guj.)(HC)

S. 234A : Interest-Default in furnishing return of income-Waiver of interest–Or otherwise–Delay in filing of return was due to impounding of documents in the course of survey.[S. 234B, 234C, Art. 226]

Shankarlal Jain v. CCIT (2020) 185 DTR 220 / 312 CTR 296/ 273 Taxman 477 (Karn.)(HC)

S. 225 : Collection and recovery-Stay of proceedings–Pendency of appeal–Recovery of penalty is stayed till the disposal of the appeal. [S. 271(1)(c), Art. 226]

Sasken Technologies Ltd. v. JCIT (2020) 185 DTR 54 / 313 CTR 725(Karn.)(HC)

S. 221 : Collection and recovery–Penalty-Tax in default –Delay in remitting the Tax deducted at source-Survey – Financial stringency not proved-Levy of penalty is held to be justified. [S. 133A, 201]

KBR Infratch Ltd. v. ACIT (2020) 185 DTR 209 / 312 CTR 385 (Karn.)(HC)

S. 197 : Deduction at source-Certificate for lower rate–Application for lower tax deduction is allowed, subject to certain conditions. [S. 194-C, 194-H, 197, 201(1), 201(1A), 264, Art.226]

TLG India (P) Ltd. v. Dy.CIT (2019) 184 DTR 349/(2020) 421 ITR 418/ 312 CTR 199/ 269 Taxman 295 (Bom.)(HC)

S. 194LA : Deduction at source–Agricultural land-Compensation on acquisition of certain immoveable property-From report of Halqa Patwari it was evident that land of assessee acquired by Government was ‘Gairmumkin’ in nature, and same was not agricultural land, compensation received by assessee in pursuance of land acquisition proceedings was subject to TDS [S 2(14)(iii), 10 (37), 45, 119, 237, Art. 226]

Gurudwara Sahib Patti Dhaliwal v. CCIT (2020) 186 DTR 113 / 114 taxmann.com 505/ 314 CTR 260/ 270 Taxman 151 (Delhi)(HC)

S. 194A : Deduction at source-Interest other than interest on securities–Deposits made by the petitioner societies with the Co-operative Banks, they would be entitled to the benefit of exemption under S.194 4A(3)(iii)(v) of the Act and, in respect of the deposits made by the petitioner societies with the Treasury, they will not be entitled to the benefit of exemption under S. 194A(3)(iii)(a) of the Act. [S.44AB, 194A(3) (iii) (v), 194A(3)(iii) (a), Art. 226]

Chirayinkeezuh Service Co-Operative Bank Ltd. v. CBDT(2020) 185 DTR 81/ 312 CTR 277 (Ker.)(HC)