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. 255 : Appellate Tribunal-Procedure-Functions-Jurisdiction-Transfer of appeals-Cash credits-Share capital and premium-Commissioner (Appeals), Kolkata deleted addition-Appeal filed by revenue before Gauhati Bench of Tribunal-Appeal is dismissed on ground of lack of jurisdiction. [S. 68, ITAT R, 1963, R. 4]
ACIT v. Front Line Vyapar (P.) Ltd. (2024) 205 ITD 520 /230 TTJ 517 (Gauhati) (Trib.)
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Power to recall and to pass any order-Authority letter-Authority to counsel to appear and present before Tribunal-Authority is fullest, unlimited and unrestricted and there is no rider mentioned therein, withdrawal/non-pressing of ground by counsel-Tribunal had accepted withdrawal/non-pressing without authority of counsel is devoid of any merit and is rejected. [S. 254(1)]
Dhanwan Leasing and Finance Co. Ltd. v. ITO (2024) 205 ITD 259(Indore) (Trib.)
S. 250 : Appeal-Commissioner (Appeals)-Non-speaking order-Procedure-Commissioner (Appeals) has to decide appeal on merit by passing a speaking order and does not have any power to dismiss appeal for non-prosecution.[S.68, 69, 131, 133(6), R.46A]
Meda Raja Kishor Raghuramy Reddy. v. ACIT (2024) 205 ITD 715 /113 ITR 258 (Panaji) (Trib.)
S. 250 : Appeal-Commissioner (Appeals)-Procedure-Income from other sources-Appeal is dismissed without deciding on merits-Matter remanded to the file of CIT(A) to decide on appeal. [S.56(2)(x)(b), 250(6)]
Rajkumar Anandchand Jain. v. DCIT (2024) 205 ITD 14 (Mum) (Trib.)
S. 220 : Collection and recovery-Assessee deemed in default-Fringe Benefit tax-Intimation and demand notice concerning FBT demand was ever served-Interest charged under section 220(2) is deleted. [S.115WE, 115WJ,220(2)]
Sony India (P.) Ltd v. Dy.CIT (2024) 205 ITD 194 /227 TTJ 619(Delhi)(Trib)
S. 201 : Deduction at source-Failure to deduct or pay-Salaries-Perquisite-Rent free accommodation-Concession-No finding is recorded-Addition is deleted. [S.17(2)(ii), 201(1) R. 3]
ACIT v. Indian Institute of Technology. (2024) 205 ITD 305 (Delhi) (Trib.)
S. 195 :Deduction at source-Non-resident-Certificate-Survey-Subsequent issue of certificate-Entire remittances that were made to said concern would be non-taxable so far as TDS is concerned-Matter is remanded. [S.133A, 195(3), 201(IA)]
FSL Projects Ltd. v. DCIT (2024) 205 ITD 530 (Hyd) (Trib.)
S. 194H : Deduction at source-Commission or brokerage-Discount- Deducted taxes at appropriate rates at time of giving trade discount/commission to it’s agents-Cannot be held to be an assessee-in-default-Matter remanded to the file of CIT(A). [S. 194C, 194J, 201 (1), 201(IA)]
Bharat Sanchar Nigam Ltd. v. DCIT (2024) 205 ITD 318 (Rajkot) (Trib.)
S. 154 : Rectification of mistake-Mistake apparent from the record-Interest income from Government securities Commissioner (Appeals) was to be directed to carry out necessary verifications and if claim of assessee was found to be correct, relief was to be allowed to assessee in accordance with law. [S. 10(15),143(1), 250]
Shital Bachubhai Vaidya. v. ADIT (2024) 205 ITD 42 (Ahd) (Trib.)
S. 153A: Assessment-Search-No incriminating material was found during search-Addition is deleted.[S. 132]
Poonam Promoters and Developers (P.) Ltd. v. ACIT (2024) 205 ITD 534 (Delhi) (Trib.)