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. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash credits-Long term capital gains-Penny stock-Principal Commissioner had applied its mind and came to prima facie conclusion that Assessing Officer should have treated entire credit as bogus and added back same under section 68 rejecting claim for exemption under section 10(38)-Order of Tribunal quashing the revision is set aside.[S.10(38), 45, 68, 143(3), 260A]

PCIT v. Bina Gupta (2024) 299 Taxman 511 (Cal.)(HC)

S. 244A : Refund-Interest on refunds-Section 7 of Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV Act, 2020) is a complete code by itself and if case is to be settled under it, no interest under section 244A is available. [S.154, 245, DTVSV Act, 2020, S.3, 4(1), 7, Art. 226]

Ansaldo Energia SPA v. Dy. CIT (IT) (2024) 299 Taxman 411 /466 ITR 287(Mad.)(HC)

S. 226 : Collection and recovery-Modes of recovery-Attachment-Joint account holder-Primary account holder-No separate notice is required for having joint account as secondary holder in view of section 226(3)(iii) [S. 226(3)(iii), Art. 226]

Pratik Chimanbhai Gami v. UOI (2024) 299 Taxman 429 (Guj.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal before CIT(A)-Stay petition did not contain details relating to financial stringency, it was necessary to impose costs on assessee subject to payment of a sum of Rs.10,000/-assessee would be permitted to submit a fresh stay application before assessing officer.[S. 226, 250, Art. 226]

Tiruvannamalai District Central Co-operative Bank Ltd. v. CIT (TDS) (2024) 299 Taxman 492 (Mad.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal before CIT(A)-In view of exceptional circumstances as noted in Office Memorandum dated 29-2-2016, assessee was directed to make payment of a sum of Rs.40 lakhs and demand was to be stayed till disposal of appeals.[S. 226, 250, Art. 226]

Education Research and Development Foundation v. UOI(2024) 299 Taxman 463 (Cal.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Transfer pricing-Arms’ length price-Conditional stay-Order of Tribunal is affirmed. [S. 92C, 254(2A), Art. 226]

Vodafone India Services (P.) Ltd. v. Asst. CIT (2024) 299 Taxman 497 (Bom.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Survey-Reassessment-Pendency of appeal before CIT(A)-High pitched assessment-Direction to pay 20 per cent of the demand-Non speaking order-Directed to pass a speaking order Stay was granted subject to deposit of only 10 per cent of demand.[S.133A, 143(3), 147, 148, 156,226, 250, Art. 226]

Kunj Bihari Lal Agarwal v. PCIT (2024) 464 ITR 738/ (2023) 152 taxmann.com 339 (Raj)(HC) Editorial : Refer, Kunj Bihari Lal Agarwal v. PCIT (2024) 161 taxmmann.com 156 /464 ITR 744 (Raj)(HC), Kunj Bihari Lal Agarwal v. PCIT (Central) (2024) 299 Taxman 92 / 464 ITR 767 (SC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Survey-Reassessment-Pendency of appeal before CIT(A)-Stay was granted subject to deposit of only 10 per cent of demand.[S.133A, 143(3), 147, 148, 156,226,250, Art. 226]

Kunj Bihari Lal Agarwal v. PCIT (2024) 161 taxmmann.com 156 /464 ITR 744 (Raj)(HC) Editorial : SLP is dismissed, Kunj Bihari Lal Agarwal v. PCIT (Central) (2024) 299 Taxman 92 / 464 ITR 767 (SC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Survey-Reassessment-Pendency of appeal before CIT(A)-Stay was granted subject to deposit of only 10 per cent of demand-There was no procedural impropriety affecting order on stay application-SLP of the assessee is dismissed. [S.133A, 143(3), 147, 148, 156,226,250, Art. 136]

Kunj Bihari Lal Agarwal v. PCIT (Central) (2024) 299 Taxman 92 / 464 ITR 767 (SC) Editorial: Kunj Bihari Lal Agarwal v. PCIT (2024) 161 taxmmann.com 156 /464 ITR 744 (Raj)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Waiver of interest-Payment of licence fees-Capital or revenue-Judgement dated 16-10-2023-Telecom Policy commenced in the year 1999, payment of interest for period for which tax demand was now to be met in respect of those cases was to be waived. [S. 35ABB, 37(1), Art. 136]

CIT v. Bharti Hexacom Ltd. (2024) 299 Taxman 89/466 ITR 387/ 338 CTR 873 (SC) Editorial : CIT v. Bharti Hexacom Ltd(2023) 155 taxmann.com 322/ 458 ITR 593 /335 CTR 1(SC)