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. 237 : Refunds–Mismatch-Department cannot withhold refund payable to assessee on the ground that the computer system could not rectify the error–Directed to release the refund.

Vodafone Idea Ltd. v. Dy. CIT (2019) 263 Taxman 680 (Bom.)(HC)

S. 234B : Interest-Advance tax–Non-resident-,Entire tax was to be deducted at source -Not liable to pay interest for failure to pay advance tax.

CIT(IT) v. Shanghai Electric Group Co. Ltd. (2019) 105 taxmann.com 311 / 263 Taxman 476 (Delhi) (HC) Editorial: SLP is granted to the revenue, CIT(IT) v. Shanghai Electric Group Co. Ltd. (2019) 263 Taxman 475 (SC)

S. 226 : Collection and recovery-Stay–Pendency of appeal before CIT (A)- Similar addition was decided in favour of other assessee by the CIT(A) -AO cannot direct the Assessee to deposit 20 percent of tax demanded. [S. 246A]

ARCIL Retail Loan Portfolio001-D-Trust v. PCIT (2019) 263 Taxman 508 (Bom.)(HC)

S. 220 : Collection and recovery–Stay-Pendency of appeal before CIT( A) – AO cannot proceed mechanically in calling upon assessee to remit 20 per cent of demand without examining appropriateness of facts and circumstances of case- Order was set aside. [S. 132, 153A, 220(6)]

Uthangarai Sri Vidya Mandir Educational and Social Welfare Trust v. ACIT (2019) 263 Taxman 422 //(2020)421 ITR 405 (Mad.)(HC)

S. 220 : Collection and recovery–Stay–Appeal pending before CIT(A)-Assessee has given liberty to approach the AO to stay the demand. [S. 220(3), 220(6), 246A]

Veisa Technologies. v. ACIT (2019) 263 Taxman 600// (2020)422 ITR 536 (Mad.)(HC)

S. 194C : Deduction at source–Contractors-Placement fees/carriage fees – work contract and not fees for technical service. [S. 194J]

CIT v. Times Global Broadcasting Co. Ltd. (2019)105 taxman .com 313 / 263 Taxman 466 (Bom.)(HC) Editorial: SLP of revenue is dismissed, CIT v. Times Global Broadcasting Co. Ltd. (2019) 263 Taxman 465 (SC)

S. 154 : Rectification of mistake-Relief for income-tax-Arrears or advance of salary–Failure to claim in return–Rectification order passed by the AO is held to be without jurisdiction. [S.89(1)]

Gurmeet Singh Vilkhu v. PCIT (2019) 263 Taxman 636/ 307 CTR 799/ 176 DTR 105 (MP)(HC)

S. 151 : Reassessment-Sanction for issue of notice-Sanction order indicated non-application of mind to reasons recorded for reopening, therefore, reopening notice was bad in law and quashed. [S.147, 148]

My Car (Pune) (P.) Ltd. v. ITO (2019) 263 Taxman 626/ 179 DTR 236 (Bom.)(HC)

S. 147 : Reassessment–With in four years- On the day of furnishing the recorded reasons–Reassessment order is passed -Order passed in hasty manner–Order is seta side. [S. 148]

Kanchan Agarwal (Mrs.) v. ITO (2019) 263 Taxman 682 (Karn.)(HC)

S. 147 : Reassessment-Cash credits-Share application money-Huge premium-Genuineness of transaction or creditworthiness of individual providing money were apparently not established–Issue of reassessment notice is held to be justified.[S. 68, 148]

Max Ventures Investments Holdings (P.) Ltd. v. ITO (2019) 415 ITR 395 / 263 Taxman 401/ ( 2019) 179 CTR 228/ 309 CTR 372 (Delhi)(HC)