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. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Principal Officer-An independent, non-executive, and nominee director-Prosecution is quashed and set aside. [S. 2(35)(b) 278B]

Anish Modi v. UOI (2024) 297 Taxman 490/469 ITR 487 (Bom.)(HC)

S. 271(1)(c) : Penalty-Concealment-Capital gains-Order of Tribunal deleting the penalty is affirmed. [S.260A]

PCIT v. Ankita Deposits & Advances (P.) Ltd. (2024) 297 Taxman 46 /338 CTR 860 (HP)(HC)

S. 271(1)(c) : Penalty-Concealment-Not specifying the charge-Order of Tribunal quashing the penalty is affirmed.[S.260A]

PCIT v. Blackroak Securities (P.) Ltd. (2024) 297 Taxman 69 (Delhi)(HC)

S. 271(1)(c) : Penalty-Concealment-Depreciation-Appeal settled under Direct Tax Vivad se Vishwas Scheme-SLP became infructuous. [Art. 136]

PCIT v. Indusind Bank Ltd. (2024) 297 Taxman 139 (SC) Editorial: PCIT v. Indusind Bank Ltd(2019) 105 taxmann.com 391 (Bom)(HC)

S. 270A : Penalty for under-reporting and misreporting of income-
Immunity from imposition of penalty-Specific finding recorded in assessment order that assessee had under-reported income by misrepresenting facts in return of its income, application under section 270AA seeking immunity from imposition of penalty is not maintainable.[S.270A(9), 270AA, Art. 226]

IBS Software (P.) Ltd. v. UOI (2024) 297 Taxman 195/336 CTR 358 (Ker.)(HC)

S. 270A:Penalty for under-reporting and misreporting of income-Application filed by assessee under section 270AA seeking immunity from imposition of penalty had not been decided by Assessing Officer within prescribed time, impugned penalty order as well as demand notice issued under section 156 were to be set aside. [S.155(18), 156,270AA,Art. 226]

G.R. Infraprojects Ltd. v. ACIT (2024) 297 Taxman 231/336 CTR 249 /470 ITR 382(Raj.)(HC)

S. 268A : Appeal-Instructions-Monetary limits-Less than 10 lakhs-Applicable to pending appeals-SLP of Revenue is dismissed. [S. 119, 260A, Art.136 [

CIT (Central) v. Shyam Biri Works (2024) 297 Taxman 140 (SC) Editorial : CIT v. Shyam Biri Works (2015) 57 taxmann.com 157 /231 Taxman 543/ 374 ITR 68 (All)(HC)

S. 264 : Commissioner-Revision of other orders-concessional rate of tax on dividend distributed to its foreign holding company-Not justified in rejecting revision application on ground that assessee could have filed a revised return or an appeal under section 248-DTAA-India-Mauritius-Matter remanded to decide on merit. [S. 9(1)(i), 90, 139(5), 195, 248, art. 10(2),Art.226]

Dun & Bradstreet Technologies & Data Services (P.) Ltd v. PCIT (2024) 297 Taxman 323 / 471 ITR 234(Mad)(HC)

S. 264 : Commissioner-Revision of other orders-concessional rate of tax on dividend distributed to its foreign holding company-Not justified in rejecting revision application on ground that assessee could have filed a revised return or an appeal under section 248-DTAA-India-Mauritius-Matter remanded to decide on merit. [S. 9(1)(i), 90, 139(5), 195, 248, art. 10(2),Art.226]

Dun & Bradstreet Technologies & Data Services (P.) Ltd v.PCIT (2024) 297 Taxman 323 (Mad)(HC)

S. 264 : Commissioner-Revision of other orders-Fringe benefit tax-Included in the return as abundant caution-CIT(A) held that the amount included in the return is not chargeable to tax-Revision application is filed after 5-6 years-Application for condonation of application is rejected-Allowing the petition the Court held that since it took a long time for Commissioner (Appeals) to dispose assessee’s appeal, Commissioner should have condoned delay and decided matter on merits.[S. 115WB, 143(1), 250, Art. 226]

Hindalco Industries Ltd. v. UOI (2024) 297 Taxman 412 /464 ITR 236 (Bom.)(HC)