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. 263 : Commissioner-Revision of orders prejudicial to revenue Capital gains-Penny stocks-Exemption cannot be denied merely based on surrenders made by bogus entry providers claiming that it provided bogus LTCG through shares of such company-Revision order is quashed.[S. 10(38),45 148]
Trivikram Singh Toor. v. PCIT (2023) 198 ITD 533/222 TTJ 798 (Chd) (Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Amounts not deductible-Value added tax remittances-Collected VAT along with sale price of liquor bottle-VAT payable by assessee would not attract provisions of section 40(a)(iib) of the Act-Revision order is quashed.[S. 37(1), 40(a)(iib)]
Tamilnadu State Marketing Corporation Ltd. v. ACIT (2023) 198 ITD 363 /221 TTJ 65(Chennai ) (Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limited scrutiny-No entry in order sheet in assessment proceedings-Non application of mind-Revision is held to be valid.[S.37(1), 143(3)]
Karabi Dealers (P.) Ltd. v. PCIT (2023) 198 ITD 221 (Kol) (Trib.)
S. 251 : Appeal-Commissioner (Appeals)-Powers-Capital gains-Business income-Jurisdiction of Commissioner (Appeals) does not extend to introducing an altogether new source of income.[S. 28(i), 45]
Rangnathappa Govindappa Zharkhande v. ITO (2023) 198 ITD 290 /225 TTJ 621 (Pune) (Trib.)
S. 251 : Appeal-Commissioner (Appeals)-Powers-Delay of 54 months-Father hospitalised-Delay is condoned-Directed the CIT(A) to decide on merits. [S. 250]
Rakesh Metal & Tubes. v. ITO (2023) 198 ITD 1 (SMC ) (Mum) (Trib.)
S. 148 : Reassessment-Notice-Notice issued by non-Jurisdictional Assessing Officer-Order is void-ab initio. [S. 147]
Mukesh Kumar Agarwal. v. ITO (2023) 198 ITD 32 (Jaipur) (Trib.)
S. 221 : Collection and recovery-Penalty-Tax in default-Original return invalid-Revised return-Failure to pay tax as per original which was held to be invalid-Levy of penalty is not valid. [S. 139(4) 140A]
G.M. Fabrics (P.) Ltd. v. DCIT (2023) 198 ITD 67 (Mum) (Trib.)
S. 206C : Collection at source-Trading-Alcoholic liquor-Forest produce-Scrap-Buyers declaration in Form No 27C-No time limit is prescribed-Delay in filing the Form-Cannot be treated as asseessee in default-Benefit cannot be denied-Matter is remanded to the file of the Assessing Officer to decide issue de novo after giving assessee due opportunity of hearing. [S. 206C(IA), (206C(6), 206C(7), Form No 27C]
G.K. Traders v. ITO (2023) 198 ITD 72 (Rajkot) (Trib.)
S. 205 : Deduction at source-Bar against direct demand-Deduction of tax at source while making payment of wages-Failure to deposit to Government account-Matter restored back to Assessing Officer to verify fact and grant set off of tax deducted. [S. 199]
Sanjay Mahadev Khopkar. v. ACIT (2023) 198 ITD 512 (Surat) (Trib.)
S. 201 : Deduction at source-Failure to deduct or pay-Indian custodian of shares-Failed to deduct TDS from sale consideration of shares so held by him on behalf of overseas depository-Overseas depository had already paid advance tax on capital gains on sale of shares-Deduction at source liability under section 201 being a vicarious liability of payer of an income, would not come into play when primary liability of recipient of income was already discharged, and thus, basic tax withholding liability under section 201(1) and interest liability under section 201(1A) is quashed.[S. 195, 201(1),201(IA)]
ICICI Securities Ltd. v. ITO (IT) (2023) 198 ITD 214/221 TTJ 902 (Mum) (Trib.)