S. 245 : Refunds- Set off of refunds against tax remaining payable – Refund cannot be adjusted without prior notice is issued – Order adjustment of refund is quashed .[ Art. 226 ]
Tata Communications Ltd. v. Dy. CIT (2019) 311 CTR 407 (Bom.)(HC)S. 245 : Refunds- Set off of refunds against tax remaining payable – Refund cannot be adjusted without prior notice is issued – Order adjustment of refund is quashed .[ Art. 226 ]
Tata Communications Ltd. v. Dy. CIT (2019) 311 CTR 407 (Bom.)(HC)S.241A: Withholding of refund in certain cases – Declaring the loss cannot be the ground to doubt the contents of the return or the loss suffered by the assessee – Directed to refund the amount with the interest with in the period of three weeks from the receipt of the order . [ S.143(ID), 197, Art .226 ]
Vodafone Idea Ltd. v. Dy. CIT (2019) 311 CTR 385 / 267 Taxman 603 /( 2020) 421 ITR 253 (Bom.)(HC). Editorial : SLP of revenue was dismissed on the ground of delay , Dy.CIT v. Vodafone Idea Ltd ( 2021 )) 283 Taxman 272/ 283 Taxman 8 (SC)S. 281B : Provisional attachment – Reasoned order- When earlier assessment years Tribunal has suspended the recoveries arising out of demands made on similar issues – Order of provisional attachment is set aside . [ S.245, Art . 226 ]
Vodafone Idea Ltd v. Dy.CIT ( 2019) 182 DTR 177/ 311 CTR 210 ( Bom) (HC)S. 264 :Commissioner – Revision of other orders – Revised return filed beyond limitation period rectifying the mistake – Rejection of application is held to be not valid – Matter is remitted back to the CIT for considering the claim of the petitioner and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order-No tax shall be collected except by authority of law . [ S. 139(1), 139(5) , 154 ,Art .226, Art .265 ]
Sharp Tools v. PCIT (2019) 311 CTR 505 /183 DTR 289/( 2020) 421 ITR 90 (Mad.)(HC)S. 245D : Settlement Commission – Failure to disclose a full and true disclosure – Order passed by consent – Settlement recorded by the Commission on consent of the parties- Dept cannot challenge the order which is passed by consent . [ S.245D(4) Art. 226 ]
PCIT v. ITSC. (2019) 311 CTR 284 (Bom.)(HC)S. 220 : Collection and recovery – Assessee deemed in default – Natural justice – Stay -Recovery – When an opportunity of personal audience is requested the law requires due consideration- Rejection of application without affording an opportunity of hearing is set aside- Directed the AO to pass speaking order after giving an opportunity of hearing . [ S.220(3), Art 14. ]
Manjula (Smt) v.ITO ( 2019) 178 DTR 361/ 309 CTR 287 ( Karn) (HC)S. 132 : Search and seizure – Loan transaction is reflected in the books of account and return filed by the assesee- No material basis of which a reasonable person could have formed the opinion and lack of jurisdiction – Search action is held to be invalid [ Art. 226 ]
Lalhibhai Kanjibhai Mandalia v PCIT ( 2019) 180 DTR 49 (Guj) (HC)S. 68 : Cash credits –Bogus Purchases – Name of supplier could not be traced – No justification for applying GP rate – Addition as unexplained cash credit is up held [ S.37(1) ,69C 145 ]
PCIT v. Wadhawan Designs ( 2019) 184 DTR 299 / (2020) 313 CTR 173 (Delhi ) (HC)S.45(4) : Capital gains – Distribution of capital asset -Retirement- On retirement the amount received does not represent consideration in lieu of relinquishment of his interest in the partnership asset – Addition cannot be made in the assessment of the firm [ S.45 ]
National Company v. ACIT ( 2019) 178 DTR 305 (Mad) (HC)S. 40(a)(ia): Amounts not deductible – Deduction at source – Second proviso to S. 40(a)(ia) of the Act inserted by Finance Act, 2012 is clarificatory and retrospective in nature – No disallowance can be made where the recipient of the amount has already discharged his tax liability therein .[ S. 40(a) ,139(1) ]
CIT v. Anand, S. M. (2019) 311 CTR 795 (Karn )(HC)