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. 205 : Deduction at source-Bar against direct demand-Failure to deposit tax deducted at source-Salary-Demand notice is set aside.[S. 15, 192, 194, 199(1), 201(2), 202, 221, 276B, Art. 226]
Harshdip Singh Dhillon v. UOI (2024) 470 ITR 355 (Delhi) (HC)
S. 205 : Deduction at source-Bar against direct demand–Principle of grossing up-Failure to deposit tax deducted at source-Payee is entitle to credit for tax deducted at source.[S.192(1), 199(3)]
PCIT v. Jasjit Singh (2024)470 ITR 337 (Delhi)(HC)
S. 205 : Deduction at source-Bar against direct demand-Tax deducted at source-Form No.16A is issued-Credit for tax deduction at source cannot be denied-Review petition of Revenue is dismissed. [S. 199, Form No.16A, Code of Civil Procedure]
Incredible Unique Buildcon (P.) Ltd. v. ITO (2023)470 ITR 106 / 155 taxmann.com 603 (Delhi) (HC)
S. 205 : Deduction at source-Refund adjustment-Bar against direct demand-Salary-Deduction of tax at source-Failure of employer to deposit tax deducted at source-Employee cannot be penalised.[S.192, 194, 199, 237, Art.226]
Chintan Bindra v. Dy. CIT (2024)470 ITR 346 /158 taxmann.com 27 (Delhi)(HC)
S. 201 : Deduction at source-Failure to deduct or pay-Non-resident-Fees for technical services-If the amount is not chargeable to tax in the assessment of recipient the assesseee cannot be held to be assessee is default-Not liable to pay tax and interest-DTAA-India-Singapore.[S. 9(1)(vi), 191, 195, 201(1), 201(IA), Art. 5, 7, 12(4)(b)]
CIT (IT) v. Red Hat India Pvt. Ltd. (2024)470 ITR 173 (Bom) (HC)
S. 201 : Deduction at source-Failure to deduct or pay-Assessee in default-Limitation-Reasonable period-Order of Tribunal holding that order passed by after four years is barred by limitation is not proper, legal or justified-Binding precedent-Matter is remanded to the Commissioner of Income-tax (Appeals)for passing fresh orders. [S. 195, 201(1),201(IA), 260A]
CIT v. Idea Cellular Ltd. (2024) 470 ITR 479 /158 taxmann.com 163 (Telangana) (HC)
S. 153C : Assessment-Income of any other person-Search-Recording of satisfaction-Copy in verbatim of satisfaction note of Assessing Officer of searched person-No jurisdictional error-Recording of satisfaction is valid. [S. 132, Art.226]
Bhagwandas Rupchand Parwani v. ACIT (2024) 470 ITR 590 / 160 taxmann.com 7 (Guj) (HC)
S. 153A: Assessment-Search-No incriminating materials were found-Addition cannot be in respect of completed or Unabated assessment.[s. 55, 68 69C 132]
PCIT v. Shardaben Arvindbhai Patel (2024) 470 ITR 332 (Guj) (HC)
S. 153A : Assessment-Search-Long term capital gains-No incriminating material is found during search-Order of Tribunal deleting the addition is affirmed.[S. 58,68, 69C, 260A]
PCIT v. Shardaben Arvindbhai Patel (2024) 470 ITR 332/ 152 taxmann.com 535 (Guj) (HC)
S. 153A : Assessment-Search-Cash credits-Incriminating document-Document of shareholding pattern document prepared by way of secretarial compliance report, which was filed along with company’s annual return in Form MGT-7 with ROC-Available in public domain-Would not constitute incriminating document to justify reopening of assessment of unabated/completed-No substantial question of law. [S. 132, 260A]
CIT v. Goldstone Cements Ltd. (2024) 470 ITR 749 /156 taxmann.com 529 (Gauhati) (HC)