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. 253 : Appellate Tribunal-Appeals-Memorandum of appeal-Two assessment orders-Contends are different-Matter remanded to Commissioner (Appeals) to verify and adjudicate de novo complying with principles of natural justice-Principal Chief Commissioner is directed to make a thorough enquiry.[S. 143(3), 250]
Dy. CIT v. Vintage Enterprises (2023)108 ITR 10 (SN)(Pune) (Trib)
S. 253 : Appellate Tribunal-Appeals-Monetary limits for appeals by Department —Deduction only on actual payment-Employee’s contribution to employees’ State Insurance-Appeal is not maintainable. [S. 43B, 143(1)]
Dy. CIT v.Anil Kumar Jain (2023)108 ITR 41 (SN)(Chd) (Trib)
S. 251 : Appeal-Commissioner (Appeals)-Powers-No power to introduce new source of income-Commissioner (Appeals) must confine himself to items of income which were subject matter of original assessment. [S. 143(3)]
Alpha Reality v. Asst. CIT (2023)108 ITR 7 (SN)(Chennai) (Trib)
S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-Parte order —Matter remanded to Commissioner (Appeals) with direction to assessee to remain present and make submissions. [S. 254(1)]
Nitin Amratlal Brahmbhatt v. ACIT (2023)108 ITR 18 (SN)(Mum) (Trib)
S. 250 : Appeal-Commissioner (Appeals)-Delay of 350 days-Delay in filing the appeal is condoned-Matter remanded to the file of the Assessing Officer to decide on merits.[S.144, 271(1)(c)]
Basant Sekhani v. ITO (2023)108 ITR 14 (SN)(Surat) (Trib)
S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex Parte order-Notices issued to E-Mail address mentioned in appeal memo —Dismissal is held to be not valid-Appeals restored to Commissioner (Appeals) for decision on merits.[S.80IC, 250(2)]
AMI Deepak Shah v. NFAC (2023)108 ITR 42 (SN)(Mum) (Trib)
S. 244A : Refunds-Interest on refunds-Not granting interest despite directions of Dispute Resolution Panel-Assessing Officer is directed to follow the directions of the Dispute Resolution Panel and grant interest in accordance with law.
Nike India P. Ltd. v. Dy. CIT (2023)108 ITR 666 (Bang) (Trib)
S. 234B : Interest-Advance tax-applies on returned income and not on assessed income. [S. 234C]
Tata Power Delhi Distribution Ltd. v.Add. CIT (2023)108 ITR 329 (Delhi)(Trib)
S. 234B : Interest-Advance tax-Income liable to tax deduction at source-Not liable to advance tax.
Krones Aktiengesellschaft v. Dy. CIT (IT) (2023)108 ITR 705 (Delhi) (Trib)
S. 194C : Deduction at source-Contractors-Payment of external development charges to Greater Mohali Area Development Authority-Charges not paid out of any contractual obligations or liability-Provisions of S.194C is not attracted-Not in default.[S.201(1), 201(IA)]
Punjab IAS and PCS Officers House Building Society Ltd. v.ITO (2023)108 ITR 290 (Chd) (Trib)