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. 201 : Deduction at source-Failure to deduct or pay-Consideration above 50 lakhs-Failure to deduct tax at source and failure to file Form No 26A-Interest is leviable.[S.194IA, 201(1), 201(IA)]
Bhikhabhai Parshottambhai Patel v. ITO (2023) 202 ITD 779 (Ahd)(Trib.)
S. 199 : Deduction at source-Credit for tax deducted-Transfer of business-Transfer of income-TDS credit TDS credit cannot not be denied merely because credit of TDS didn’t reflect in Form 26AS of assessee. [Rule 37BA(2), Form 26AS]
DCIT v. Reliance Infrastructure Ltd. (2023) 202 ITD 452/224 TTJ 1 (Mum) (Trib.)
S. 154 : Rectification of mistake-Mistake apparent from the record-Business expenses-Sales promotion expenses-Debatable issue- Rectification is held to be not justified.[S. 37 (1)]
UCB India (P.) Ltd. v. ACIT (2023) 106 ITR 322 / 202 ITD 37 (Mum)(Trib.)
S. 147 : Reassessment-Share capital-Accommodation entry-Merely following the opinion by investigation wing-Reassessment order is quashed. [S. 68, 148, 151]
Bhaijee Commodities (P.) Ltd. v. ACIT (2023) 202 ITD 757/226 TTJ 257 (Delhi) (Trib.)
S. 145 : Method of accounting-Infrastructure development project-Project development fee received is to be apportioned over period of project-Entire fee can not be taxed during year specifically when fees apportioned to subsequent years was returned to tax by assessee in said years. [S. 4]
ACIT v. Gujarat State Road Development Corporation Ltd. (2023) 202 ITD 510 (Ahd) (Trib.)
S. 143(3) : Assessment-Document Identification Number (DIN)-Final assessment order manually without DIN, assessment order was to be treated as never been issued.
Prabhakar Amruta Shillak. v. ITO (2023) 202 ITD 128 (Pune) (Trib.)
S. 143(1) : Assessment-Intimation-Co-operative societies-Failure to file return within time prescribed under section 139(1)-Claim of deduction under section 80P could not be denied by making prima facie adjustment.[S.80P, 139(1), 143(1)(a)(v)]
Chakargadh Seva Sahakari Mandali Ltd. v. DCIT (CPC) (2023) 202 ITD 793 (Rajkot)(Trib.)
S. 143(1) : Assessment-Intimation-Expenses or payments not deductible-Payment to Government-Cash payments exceeding prescribed limits-Payment towards purchase of liquor to a State Government undertaking-CPC Bengaluru would have either accepted said explanation or rejected after giving cogent reasons. [S.40A(3), 143(1)(a), R.6DD]
Harshdeep Singh Juneja v. DCIT (2023) 202 ITD 615 (Raipur) (Trib.)
S. 143(1) : Assessment-Intimation-Club membership fee-Auditor has not qualified-Adjustment is not justified. [S. 37(1), 143(1)(a)]
Ansal Housing Ltd. v. DCIT (2023) 202 ITD 71 (Delhi)(Trib)
S. 115JAA : Company-Book profit-Deemed income-Tax credit-Companies-Surcharge and cess- Irrespective of variation in its rate subsequently, would stand to be paid only for year for which tax is payable under regular provisions of Act, i.e., at an amount net of tax credit, and at rate applicable for that year-No question of set off of surcharge/cess, as in case of tax, in absence of specific provisions in its respect. [S. 4, 115JB]
Kerala Feeds Ltd. v. ACIT, CPC (2023) 202 ITD 803 /224 TTJ 641 (Cochin) (Trib.)