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.241: Refunds-Power to with hold in certain cases- Non granting of refund citing issue of notice u/s 143(2) was held to be not valid [ S. 143(1) ,143(2) 143(3) ]
Corrtech International P. Ltd. v. DCIT (2018) 401 ITR 355/ 161 DTR 441/ 300 CTR 425 (Guj) (HC)
S. 237 : Refunds – Assessing Officer was directed to consider and process assessee’s representation and dispose of same as expeditiously as possible and refund could not be denied/withheld merely because issuance of notice under section 143(2) [ S. 143(1) 143(ID), 143(2)]
Randstad India (P.) Ltd. v. Dy. CIT (2018) 401 ITR 369/ 252 Taxman 204 / 163 DTR 298 / 301 CTR 337 (Mad.)(HC)
S. 234B : Interest – Advance tax -Book profit – Interest shall be payable for failure to pay alternative Minimum tax [ S.115JC ]
GIE Jewels. v. ITO (2018) 168 ITD 260 /192 TTJ 852 /166 DTR 118 (Jaipur) (Trib.)
S. 234B : Interest – Advance tax -Assessment order was set aside and refund of advance tax was granted ,interest could not be levied .
CIT v. Baby Marine Exports. (2018) 402 ITR 420/ 254 Taxman 375 / 163 DTR 503 / 303 CTR 287(Ker) (HC)
S. 234A : Interest – Default in furnishing return of income –Waiver of interest- Rejection of application was held to be valid [ S. 40(a)(ia) , 234B, 234C ]
Gaonkar Mines v. Addl. CIT (2018) 252 Taxman 158 (Karn.)(HC)
S. 234A : Interest – Default in furnishing return of income – Waiver – Capital gains – Circular only guideline having no overriding effect on statutory provision — Rejection of application for waiver of interest by Chief Commissioner was held to be proper . [ S. 45, 119 (2) , 143(1) (a) ]
C. V. Jayachandran v. CIT (2018) 401 ITR 484 (Ker) (HC)
S. 226 : Collection and recovery – Stay- PCIT & ACIT directed to pay personal costs for filing frivolous writ petition to challenge ITAT stay order.[ S. 220, 222,254(2A) ]
ACIT v. Epson India Pvt. Ltd ( 2018) 163 DTR 81 / 301 CTR 242 ( Karn) (HC)
S. 226 : Collection and recovery – Stay of proceedings – Deduction at source – Appeal pending before CIT(A)- Refusal to extend stay merely because the assessee had funds was held to be not proper , when the Board has given instructions that stay must be granted on paying 15% of tax in dispute when appeal is pending before CIT( A) .Assessee has paid 38% of demand [ S. 225 ]
Vodafone India Ltd. v. CIT (2018) 400 ITR 516/164 DTR 261 / 305 CTR 609 (Bom) (HC)
S. 226 : Recovery – Attachment of property – Settlement Commission’s order itself was not conclusive until the request, was dealt with and disposed of order had not attained finality, particularly in the light of the application filed by the assessee. The sale was not barred by limitation. [ S.245C, 245D(4) ,245I, Rule 68B of Schedule II ].
Rajiv Yashwant Bhale v.CIT (2018) 401 ITR 408 (Bom) (HC)
S. 225 : Collection and recovery – Stay of proceedings – Interim stay be granted on condition of payment of 15 Per Cent. of demanded tax
S-10 Health Care Solutions. v. ITO (2018) 402 ITR 33 (Mad) ( HC)