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. 260A : Appeal-High Court-Where High Court does not dismiss appeal in limine but has dismissed it after hearing both parties, in such a situation, High Court should frame questions and answer them by assigning reasons accordingly one way or other–Matter remanded – Duty to record reasons. [S. 260A(4), 260A(5)]
CIT v. Rashtradoot (HUF) (2019) 412 ITR 17 / 262 Taxman 360 (SC) Editorial: Arising from the order of High Court in CIT v. Rashtradoot (HUF) (2019) 104 taxmann.com 3 ( Raj) (HC)
S. 254(2A) : Appellate Tribunal–Stay-Appeal could not be decided by Tribunal due to pressure of pendency of cases and delay in disposal of appeal was not attributable to assessee in any manner-Interim protection of stay could continue beyond 365 days. [S. 254(1)]
PCIT v. Comverse Network Systems India (P.) Ltd. (2019) 103 taxmann.com 313 / 262 Taxman 100 (P&H)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Comverse Network Systems India (P.) Ltd. (2019) 262 Taxman 99 (SC)
S. 254(1) : Appellate Tribunal–Duties–Non speaking orders- The CIT(A) allowed the claim of expenditure and depreciation after verification of merits- Tribunal was not right in in law reversing the said conclusion without examination-Masterminded–Liberty is granted to the assessee to bring the issue of reassessment after disposal of appeal by the Appellate Tribunal. [S. 260A]
Shirpur Gold Refinery Ltd. v. Dy.CIT (2019) 262 Taxman 390 (Bom.)(HC)
S. 244A : Refunds–Interest on refunds-Refund of excess tax collected was withheld and refunded by department after a huge delay merely on ground of pendency of appeal filed by revenue– Entitle to interest however not entitle to interest on interest.[S. 243, 244]
Nirma Specific Family Trust. v. ACIT (2018) 100 taxmann.com 262 (Guj.)(HC) Editorial: SLP of assessee is for interest on interest is dismissed, Nirma Specific Family Trust. v. ACIT (2019) 262 Taxman 304 (SC)
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. 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)