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-Commission-Direction issued for reopen the assessment for the Assessment year 2013-14 and tax the commission income and also allow credit of TDS.[S. 147,159, 254(1), R. 37BA(2)(i)]

Hari Shankar Singhania Estate. v. JCIT (2023) 199 ITD 496 (Delhi) (Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Portuguese Civil Code-Income earned to be apportioned half to spouse-TDS credit to be apportioned-Not entitle to entire TDS credit in his name. [S. 5A,154, 198, Rule. 37BA]

Prasad Raghoba Naik. v. ADIT (2023) 199 ITD 95 (Panaji) (Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Credit should be given in the year in which the income is assessed though the tenant inadvertently reported same in assessment year 2021-22.[R. 37BA(3)(i)]

Anup Rajendra Tapadia. v. `DCIT (2023) 199 ITD 205 (Pune) (Trib.)

S. 148 : Reassessment-Notice-Transfer of case-Case is transferred by Asstt. Commissioner, Moradabad to Dy. Director/Asstt. Director (Intl. Taxn.), Lucknow-No notice under section 127 was served on assessee before transferring jurisdiction-Fnal assessment order passed by Dy. Director/Asstt. Director (Intl. Taxn.), Lucknow-Without jurisdiction, non-est, illegal and bad in law-Reference to dispute resolution panel-Non eligible assessee-Draft order is not valid-Notice under section 148 was issued on 3-7-2019 and limitation would have been extended up to 30-9-2021-Assessment order passed on 28-6-2022, is barred by limitation provided under section 153(2) [S. 92CA(2), 127, 144C, 147, 153(2)]

Shyam Sunder Bhartia. v. DCIT (IT) (2023) 200 ITD 117 (Lucknow) (Trib.)

S. 147 : Reassessment-Bogus purchases-Cash credits-Accommodation entries-Information from Investigation wing-Not recorded his own satisfaction-Reassessment order is quashed. [S. 68 148]

Anshita Vimal Jain (Smt.) v. ITO (2023) 199 ITD 168 (Surat) (Trib.)

S. 144C : Reference to dispute resolution panel-Unexplained money-Draft assessment order-Order passed in violation of directions of DRP-Nullity and bad in law.[S.69A]

Oxbow Energy Solutions LLC. v. DCIT, IT (2023) 199 ITD 770 (Delhi) (Trib.)

S. 144C : Reference to dispute resolution panel-Order in the name of amalgamating company-Non existent entity-Assessment proceedings based on an invalid draft assessment order were void ab initio and quashed. [S. 143(3)]

Siemens Ltd. v. DCIT (2023) 199 ITD 470 (Mum) (Trib.)

S. 144C : Reference to dispute resolution panel-Option to file objection waived-Draft assessment order-Mandatory requirement of forwarding a draft assessment order could not be done away with-Order is quashed.

Linc Pen & Plastics Ltd. v. DCIT (2023) 199 ITD 719 (Kol) (Trib.)

S. 143(3) : Assessment-Purchase of property-Joint owners-Disclosed in the books of accounts of the Company-Transaction cannot be held to be Benami. [Prohibition of Benami Property Transactions Act, 1988, S. 2(9),24)

ACIT v. Tupelo Builders (P.) Ltd. (2023) 199 ITD 58 / 221 TTJ 192 (Delhi)(Trib)

S. 115JB : Company-Book profit-Upward adjustment-Amount withdrawn from reserve/provision which stood credited in profit and loss account for year and was reduced while computing book profit-Adjustment is deleted. [S. 145]

Bengal Peerless Housing Development Company Ltd. v. DCIT (2023) 199 ITD 679 (Kol) (Trib.)