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-Employee stock option plan (ESOP)-Capital or revenue-Assessing Officer had taken a plausible view on issue based on existing proposition of law with regard to claim of ESOP expenses, revision is unjustified.[S. 37(1)]
Comtrade Commodities Services Ltd. v. PCIT (2023) 203 ITD 745 (Ahd) (Trib.)
S. 201 : Deduction at source-Failure to deduct or pay-Salaries-Perquisites-Non-deduction of TDS-Collection of license fee in form of house rent allowance from its employees-Unfurnished accommodation-Organization under a Statute enacted by legislature-Provisions of TDS will not apply.[S. 15, 17 , 201(1), 201(IA)]
Employees Provident Fund Organisation. v. DCIT, TDS (2023) 203 ITD 44/ (2024) 227 TTJ 583 (Bang) (Trib.)
S. 201 : Deduction at source-Failure to deduct or pay-Interest under section 201(1A) is payable only when there is an obligation to deduct tax-Matter remanded.[S. 191, 194A , 197A , 201(1) , 201(IA), Form 15H]
Bank of India. v. DCIT (TDS) (2023) 203 ITD 10 (Nagpur) (Trib.)
S. 194I : Deduction at source-Rent-Common area maintenance (CAM) charges-Provision of section 194C is applicable and not provision of section 194I. [S.194C , 201(1)]
Welgrow Hotels Concepts (P.) Ltd. v. ITO (2023) 203 ITD 595 (Delhi) (Trib.)
S. 153C : Assessment-Income of any other person-Search-Approval of draft assessment-Sanction granted without application of mind-Order is bad in law. [S.132, 153D]
Vrushali Sanjay Shinde. v. DCIT (2023) 107 ITR 274 / 203 ITD 357 (Mum) (Trib.)
S. 153C : Assessment-Income of any other person-Search-Assessment-Document identification Number (DIN)-CBDT Circular No. 19 of 2019, dated 14-8-2019-Assessment order manually without generating any DIN number-Non-est in eyes of law. [S. 143(3)]
Ankit Jain. v. DCIT (2023) 203 ITD 707 (Delhi) (Trib.)
S. 147 : Reassessment-Unaccounted on-money in cash-Date of payment as 5-11-2013-No addition can be made for the relevant assessment year.[S.69 , 148]
Lalit Premchandani v. ITO (IT& TP) (2023) 203 ITD 416 (Indore) (Trib.)
S. 147 : Reassessment-Share application-Accommodation-No proof of service of reasons recorded being supplied to assessee, reassessment-Reassessment is quashed-Information in his possession, in form of tangible material from Directorate of Investigation (DDIT) during third-party search that income of assessee had escaped assessment-Non-existence of a particular entity-Succession to business otherwise than on death-[S. 68, 148, 153C, 170, 292B]
DCIT v. Bhawna Computers (P.) Ltd. (2023) 203 ITD 330 /108 ITR 351/ (2024) 228 TTJ 450 (Mum) (Trib.)
S. 147 : Reassessment-Income deemed to accrue or arise in India-Interest-Failure to deduct tax deduct at source-Redemption premium paid-Income had not arisen in India in hands of recipient/non-resident and there was no obligation on part of BFL to deduct tax at source on payment of interest-Re assessment is quashed. [S. 5(2), 6, 9(1(vi) 148, 201(IA)]
Citicorp Trustee Company Ltd. v. DCIT (IT) (2023) 203 ITD 421 (Mum) (Trib.)
S. 147 : Reassessment-With in four years-Change of opinion-Scientific research expenditure-No new material-Reassessment is quashed.[S. 35(2AB), 143(3), 148]
Bharat Electronics Ltd. v. ACIT, LTU (2023) 203 ITD 532 (Bang) (Trib.)