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. 281 – certain transfers to be void – Tax Recovery officer (‘TRO’) has no jurisdiction to declare transaction of transfer of property as null and void in proceedings under rule 16 of Second Schedule to Act [ S.220, R.48 ]
Nitaben Harishbhai Shah v.TRO ( 2018)406 ITR 347/ 253 Taxman 222/ 163 DTR 442/302 CTR 406 ( Guj) ( HC)
S. 237 : Refunds –CBDT- Excess deduction of tax deduction at source -Delay in disposal of application for refund by CBDT- High Court ccondones delay for making belated TDS refund claim for bonafide reason and directs the AO to decide on merits [ S. 119, 195 ]
Multibase India Ltd v.ITO (2018) 163 DTR 493 / 302 CTR 46 (Guj HC)
S. 234A: Interest – Default in furnishing return of income -Bonafide family dispute -Entitle to waiver of ninterest . [ S. 119,133A, 148,234B, 234C]
R. Mani v.CCIT (2018) 406 ITR 450/253 Taxman 3/ 164 DTR 114/ 302 CTR 250 (Mad) (HC)
S. 222 Collection and recovery – Certificate to Tax Recovery Officer -Time limit for sale of attached immovable property – the order of the DRT becomes final only after expiry of period prescribed for filing appeal and therefore 3 year period as stipulated by rule 68B for sale of attached property should be determined from such date when the order of DRT becomes final- Sale was held to be not time barred .
K. Kutaguptan v. Canara Bank (2018) 253 Taxman 88/166 DTR 65 / 305 CTR 431(Ker) ( HC)
S. 206C: Collection at source – Scrap – Items used by the buyers in manufacturing of other items cannot be considered as scrap,hence not liable to collect tax at source .
PCIT (TDS) v. Safari Fine Clothing (P) Ltd. (2018) 253 Taxman 198/ 163 DTR 219/ 305 CTR 331 (Guj.)(HC)
S. 195A; Deduction at source – Net of tax – Salary and tax both were borne KSEB, in whose project assessees were employed and, therefore, provisions is applicable -Amount paid as tax would be included as salary [ S.192 ]
Horace Dansereau v. ACIT (2018) 162 DTR 7 / 253 Taxman 52 / 300 CTR 548 (Ker.)(HC)
S. 179: Private Company – Liability of Directors – Assessing Officer can exercise jurisdiction to recover the dues of the company against the director only when it fails to recover its dues from Private limited company.Order of AO was set aside
Madhavi Kerkar v. ACIT (2018) 403 ITR 157/253 Taxman 288/ 165 DTR 362 / 302 CTR 340 (Bom) (HC)
S. 147: Reassessment – Capital gains – Opening WDV of land was shown by assessee at lesser amount in its statement of fixed accounts but, while filling return of income, assessee had shown cost of land at much higher amount, reassessment was held to be justified.[ S.45 , 148 ]
J. B. Amin & Brothers (HUF) v. UOI (2018) 253 Taxman 229/ 172 DTR 62 (Bom.)(HC)
S. 147:Reassessment- Two notices- Reassessment was initiated vide two notices and the second notice was beyond prescribed period. No where it was stated that second notice was in continuation of first one hence reassessment was invalid.[ S.143(1),148 ]
Mastech Technologies Pvt. Ltd. ( 2018) 407 ITR 242/161 DTR 189 (Delhi) HC),Editorial: Order of High court , reversed, Dy.CIT v. Mastech Technologies Pvt. Ltd. (2022)449 ITR 239 (SC)
S. 147: Reassessment –Change of opinion-Since there was no material on record to indicate that there was a failure on part of the assessee to disclose fully and truly relevant material during original assessment proceedings, initiation of reassessment proceedings was without jurisdiction. [ S.80IA(4), 148 ]
Kotarki Constructions (P) Ltd. v. ACIT (2018)162 DTR 49 /( 2019) 306 CTR 223(Karn) (HC) .Editoria: Division bench affirmed ,Kotarki Constructions Pvt. Ltd; ACIT v. (2021)435 ITR 78/ 202 DTR 241/ 322 CTR 843 /281 Taxman 187 (Karn) (HC)