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. 220 : Collection and recovery-Assessee deemed in default–Stay-Non speaking order-Directing to pay 20 percent of demand during pendency of appeal is set aside.

Shriram Finance. v. PCIT (2019) 262 Taxman 220 (Mad.)(HC)

S. 215 : Interest payable by assessee–Non–deposit of advance tax of advance tax in respect of consideration received by non resident-Not liable to pay interest.

CIT v. Shanghai Electric Group Co. Ltd. (2019) 103 taxmann.com 376/ 262 Taxman 206 (Delhi)(HC) Editorial: SLP of revenue is received ,CIT v. Shanghai Electric Group Co. Ltd. (2019) 262 Taxman 205 (SC)

S. 194J : Deduction at source – Fees for professional or technical services –Doctors-Payment to full time consultant doctors would fall within purview of S.194J as fees for professional services, and not under S. 192 as salary. [S. 192]

CIT v. Asian Heart Institute and Research Centre (P.) Ltd. (2019) 262 Taxman 395 /(2020) 423 ITR 75 (Bom.)(HC)

S. 194C : Deduction at source–Contractors-Payments for services rendered towards maintenance of its medical equipments-Liable to be deduct tax at source u/s 194C and not under S. 194J of the Act.[S. 194J]

CIT v. Saifee Hospital. (2019) 262 Taxman 343 (Bom.)(HC)

S. 194C : Deduction at source – Contractors – Annual Maintenance Contract in respect of various specialised hospital equipments – Not be in nature of fees for technical services- Deduction of tax at source as contractor- Held to be proper. [S.194J ]

CIT v. Asian Heart Institute and Research Centre (P.) Ltd. (2019) 262 Taxman 395 /(2020) 423 ITR 75 (Bom.)(HC)

S. 147 : Reassessment –With in four years- An issue which was never examined by Assessing Officer during original scrutiny assessment, reopening of assessment was justified . [ S.11, 13 , 148]

Hinduja Foundation v. ITO (2019) 262 Taxman 111 (Bom.)(HC)

S. 147 : Reassessment – Change of opinion- Loans or advances to share holders – Disclosed material facts- Reassessment is held to be not valid. [S.2(22)(e), 148 ]

ITO v. Sanjeev Ghei. (2019) 104 taxmann.com 80/ 262 Taxman 265 ( Delhi) (HC) Editorial : SLP of revenue is dismissed; ITO v. Sanjeev Ghei. (2019) 262 Taxman 264 (SC)

S. 147 : Reassessment–With in four years-Cash credits–Bogus accommodation entries- sums were received in earlier assessment year 2010-11 and were already verified and assessed by revenue authorities- Reopening of assessment in current assessment year is held to be not valid. [S. 68, 133, 148].

Jalaram Enterprises (P.) Ltd. v. ITO (2019) 262 Taxman 404 (Bom.)(HC)

S. 147 : Reassessment–Deemed dividend-Audit information-Loan from company-loan transaction was duly scrutinized by Assessing Officer in original assessment-Notice was issued on insistence of audit party- Reassessment is held to be bad in law. [S.2(22)(e), 148]

Hamilton Housewares (P.) Ltd. v. DCIT (2019) 262 Taxman 410 (Bom.)(HC) Hamilton Housewares (P.) Ltd. v. DCIT (2019) 262 Taxman 418 (Bom.)(HC)

S. 147 : Reassessment–Audit objection-Business expenditure–Forex gain-merely on the basis of audit objection–Reassessment is not valid [ S.37(1), 148]

ACIT v. FIS Global Business Solutions India (P.) Ltd. (2019) 102 taxmann.com 471 ( Delhi)(HC) Editorial: SLP of revenue is dismissed, ACIT v. FIS Global Business Solutions India (P.) Ltd. (2019) 262 Taxman 369 (SC)