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. 199 : Deduction at source-Credit for tax deducted-Bank confirmation letter-Obtained PAN and claimed TDS credit in revised return-TDS credit could not be denied on procedural ground that TDS was not reflected in Form 26AS due to non-compliance with rule 37BA by third parties. [R. 37BA]

Testec Asia Ltd. v. DIT (2024) 209 ITD 547 (Ahd.) (Trib.)

S.194Q: Deduction of tax at source on payment of certain sum for purchase of goods-Commission agent-licensed chillies commission agent-Acted only as an agent-Turnover would include only gross commission and not sales effected on behalf of his principals-Not eligible to get credit of entire amount deducted as tax at source.

Chilakala Srinivasa Reddy v. ITO (2024) 209 ITD 431 (Visakha) (Trib.)

S. 194LA : Deduction at source-Compensation on acquisition of certain immoveable property-Agricultural land-Urban land-Apparent contradiction in stands taken by all government authorities who were part of same hierarchy-Matter is remanded back to Commissioner (Appeals) to arrive at a conclusion by examining authorities concerned. [S. 2(14), 201(1), 201(IA)]

ITO, TDS v. District Land Acquisition Officer. (2024) 209 ITD 185 (Ranchi) (Trib.)

S. 194I : Deduction at source-Rent-Could not be said in default towards non-deduction of TDS on lease rent paid to NOIDA Authority on basis of decision in Rajesh projects (India)(P.) Ltd v. CIT(TDS) (2017) 78 taxmann.com 263/ 392 ITR 483 (Delhi)(HC).[S. 201(1), 201(IA)]

Mahagun (India) (P.) Ltd. v. ACIT (2024) 209 ITD 236 (Delhi) (Trib.)

S. 194A : Deduction at source-Interest other than interest on securities-Kachha Arhatia-No domain over goods sold principal buyers-Tax deducted under section 194Q by principal buyers could not be refused by invoking rule 37A.[S.194H, 1994Q, R. 37BA]

Kamlesh Kumar Jain v. Dy. CIT (2024) 209 ITD 291 (Jaipur)(Trib.)

S. 164 : Representative assessees-Charge of tax-Private discretionary trust-Shares of beneficiaries were indeterminate or unknown-Trust under will-Assessable as total income of an Association of persons-Deeming fiction cannot extend to an extent denial of deduction-Chapter VI-A-Deduction under section 80C and 80TT is available. [S. 2(31), 80C, 8OTT,160(1)(iv), 164(1)(ii), 167B]

Smt. Pashiben Prajapati Family Trust (DISC) v. ITO (2024) 209 ITD 434 (Ahd.)(Trib.)

S. 153A: Assessment-Search-Unabated assessments-No incriminating material is found-Addition is deleted. [S.68, 69, 69C, 132]

Shashi Agarwal (Smt) v. Dy. CIT (2024) 209 ITD 360 (Lucknow) (Trib.)

S. 153A : Assessment-Search-Undisclosed income-Less than Rs.50 lakhs-Reassessment beyond six years is bad in law-Reassessment is bad in law. [S. 69, 132]

Shamsher Singh v. ACIT (2024) 209 ITD 138 (Chd) (Trib.)

S. 153A : Assessment-Search-Cannot make a fresh claim for deduction under section 80-IA(4) for first time in return of income filed in response to notice issued under section 153A, pursuant to search conducted under section 132, in unabated/completed assessment as on date of search-In case of abated assessments, like Assessing Officer who can make assessment based on incriminating materials and any other information made available to him, including information furnished in return of income, assessee can claim all deductions towards any income or expenditure including under section 80IA(4), [S.80IA(4), 132, 139(1), 143(3)]

Dy. CIT v. SEW Infrastructure Ltd(2024) 209 ITD 1 (SB) (Trib.)

S. 115JB : Company-Book profit–Minimum alternate tax Banks constituted as corresponding new banks in terms of Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and not registered under Companies Act, 2013 or any other previous company law, would not fall under provisions of section 115JB-Tax on book profits (MAT) would not be applicable to such banks. [S. 2(26), 115JB(2), Banking Regulation Act, 1949,S. 29, 51, Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 S.3(1), 11,Companies Act, 2013, S. 129]

Union Bank of India v. DCIT (2024) 115 ITR 481 / 209 ITD 39 (SB) (Mum) (Trib.) Central Bank of India v. DCIT (2024) 115 ITR 481 / 209 ITD 39 (SB) (Mum) (Trib.)