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. 250 : Appeal – Commissioner (Appeals) – Procedure -No power to dismiss the appeal on account of non -prosecution – Order of CIT(A) is set aside to decide on merits .[ S.250(6), 251 ]

Maa Chintpurni Mining Pvt Ltd v.ITO( 2024) BCAJ – September – 61 (Ranchi)( Trib) Avdesh Jain v. ITO ( 2024) 167 taxmann.com 730 ( Raipur)( Trib)

S. 246A : Appeal – Commissioner (Appeals) – Appealable orders – Sole beneficiary of private discretionary Trust – Appeal could be filed beneficiary only and not by trust – Beneficiary is directed to file an appeal before CIT( A) by filing application for condonation of delay . [ S.160, 166 , 250]

Kajal Deepak Trust v. ITO ( 2024) 167 taxmann.com 378 ( Raipur )( Trib)

S. 234C : Interest – Deferment of advance tax -Failure of the payer to deduct tax source – Interest on certain bonds and Government securities – Assessee can not be penalised by levy of interest . [ S. 143(1), 194LD ]

Standard Chartered Bank ( Singapore ) Ltd v. DCIT(2024) BCAJ -October -P .52 ( Mum)( Trib)

S.200A: Processing of statements of tax deducted at source – Before amendment by the Finance Act , 2015 – w. e.f. Ist June 2015 did not permit levy of fee under section 234E , for delay in filing quarterly statements , while processing the quarterly statements . [ S. 234E ]

Dream Design and Display India Pvt Ltd v. DCIT ( 2024) BCAJ – November – P. 48 ( Delhi)( Trib)

S. 199 : Deduction at source – Credit for tax deducted –Income offered in the relevant year – Demerger – Eligible for TDS credit even if the TDS certificates are in the name of the demerged company/ Transferor company .[ S.144C ]

Culver Max Entertainment Pvt Ltd v.ACIT(2024) BCAJ- July -P. 36 ( Mum)( Trib)

S. 199 : Deduction at source – Credit for tax deducted – Once tax is deducted at source – Though the deductor has not deposited the tax – The Tribunal directed the AO to allow the credit to deductee assessee. [ S.143(1), 205, Form No 26AS ]

Vishal Pachisia v .ITO ( 2024) BCAJ – January – P .33( Kol)( Trib)

S. 194I : Deduction at source – Rent – Shop in a mall on rent – Common area maintenance (CAM) – Charges are separate and distinguishable services – The applicable rate of TDS is 2 per cent under section 194C and not 10 percent under section 194I .[S.194C ]

Benetton India (P) Ltd v. JCIT ( 2024) 167 taxmann.com 76 ( Delhi)( Trib)

S. 194I : Deduction at source – Rent -Alternative accommodation- Hardship allowance – Payments made to tenants of a Co -Operative housing society towards alternative accommodation charges /hardship allowance rent are not liable to deduct tax at source .[ S. 132A(2A ) ]

ITO v. Nathani Parekh Constructions Pvt Ltd ( 2024) BCAJ – August – P. 46 ( Mum)( Trib)

S. 167B : Charge of tax – Shares of members unknown – Discretionary trust – Anti avoidance rule- Maximum rate of surcharge applicable in the case of an individual – This rate applies to a private discretionary trust as well . [ S. 2(29C) , 143(1) ]

Aradhya Jain Trust v .ITO ( 2024) BCAJ – November – P. 47 ( Mum)( Trib)

S. 161 : Liability of representative assessee – A determinate Trust with sole beneficiary is liable to be taxed at same rate as applicable to its beneficiary . [ S.115BAA , Form No -10IC ]

ITO v. Petroleum Trust ( 2024) 165 taxmann.com 504 ( Mum)( Trib)