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

PCIT v. National Textiles Corporation Ltd (2023) 226 DTR 281 / (2024)462 ITR 224 (Delhi)(HC)

S. 271(1)(c) : Penalty-Concealment-Furnishing inaccurate particulars-Order of penalty should clearly specify ground on which it is levied. [S. 260A]

PCIT v. Minu Bakshi (Ms.) (2024)462 ITR 301 (Delhi)(HC)

S. 270AA : Immunity from the imposition of penalty, etc-No opportunity of hearing-No evidence to show misrepresentation of income or suppression of facts-Voluntary disclosure by the assessee and the failure of the authorities to properly apply the provisions, the court quashed the penalty order. [S. 264, 270A(9) 270AA(4), Art. 226]

Chambal Fertilizers and Chemicals Ltd. v. PCIT [2024]297 Taxman 168 / 462 ITR 4 (Raj)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Special Economic Zones-Subjective exercise-Order of Tribunal quashing the revision is affirmed.[S.10AA]

PCIT v. Nya International (2024)462 ITR 44 (Guj)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Survey-Stock-Order of revision is not valid.[S.133A]

PCIT v. Dimple Murarka (2024)462 ITR 212 (Orissa)(HC)

S. 245D : Settlement Commission-Settlement of cases-Procedure-Application-Amendment by Finance Act, 2007-Settlement Commission called report-Failure to submit report with in time-Direction to proceed with application is valid-Writ petition of Revenue is dismissed. [S.245D(1), 245D(2B), 245D(2C), 245D(4), Art. 226]

PCIT v. UOI (2024)462 ITR 150 /337 CTR 876 (Pat)(HC)

S. 225 : Collection and recovery-Stay of proceedings-Pendency of appeal before CIT(A)-Deposit of 20 Per Cent. of demand-Liberty reserved to assessee to request Commissioner (Appeals) to consider merits of case expeditiously. [S. 226,250, Art. 226]

Saudi Telecom Company v. CIT (IT) (2024)462 ITR 168 (Karn)(HC)

S. 194H : Deduction at source-Commission or brokerage-Discount price-Franchisees or distributors at discount price-Assessee Cannot be made to ask for information from franchisee or distributor and deduct tax at source-Not under obligation to deduct tax at source on income or profit component in payments received by franchisees or distributors from third parties or customers, or while selling or transferring prepaid coupons or starter-Kits to distributors-Not liable to deduct tax source-Obligation to deduct tax at source arises only when legal relationship of Principal-Agent is established-Obligation and time and manner in which tax to be deducted at source, fixed by statute which cannot be modified or postponed on concession by Department-Servant-Distributor-Franchisee-Independent Contractor [S.119, 204, Contract Act, 1872, S.186]

Bharti Cellular Ltd. v.ACIT (2024)462 ITR 247/298 Taxman 552/ 337 CTR 555 (SC) Editorial : Decisions in Bharti Cellular Ltd v. ACIT (2013) 354 ITR 507 (Cal)(HC), reversed. Bharti Airtel Ltd v. Dy. CIT (2015) 372 ITR 33 (Karn)(HC)

S. 194C : Deduction at source-Contractors-Provision does not contemplate existence of contractual relationship between person responsible for paying and contractor-Existence of contract can be an arrangement which contractor had with payer-No discretion in payer to examine or contemplate chargeability of payment to tax-Payments of external development charges to Urban Development Authority of State Government under direction of Directorate of town and country planning-Absence of formal contract between authority and department does not absolve assessee from liability to deduct tax at source-State Government-Immunity from taxation-Statutory authority established by an enactment of State legislature-Not a Government-Does not have immunity from Union taxation-Penalty-Interest-Reasonable cause-Taxability position remaining unclear-Directions issued accordingly-Reassessment-Notice-Failure to deduct tax at source on payment to statutory authority-Notice based on issue of applicability of Section 194C-Notice and order is set aside. [S. 147, 148,190, 196(1) 196(3) 197, 197A, 201, 221, 271C, 273B, Art. 226, 289

Puri Constructions Pvt. Ltd. v. Add. CIT (2024)462 ITR 326 /337 CTR 625 (Delhi)(HC)

S. 154 : Rectification of mistake-Mistake apparent from the record-Refund-Interest-Adjustment of refund-Order giving effect to court order-Quashing of reassessment proceedings-Pendency of rectification application-Directions issued to Assessing Officer.[S. 148, 237, Art. 226]

Brillon Consumer Products Pvt. Ltd. v.Dy. CIT (2024)462 ITR 138 (Delhi)(HC)