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
Click here to download the pdf versions of the Digest of case laws
S. 68 : Cash credits-Opportunity to cross examination was not given-Produced affidavit of lenders and notice issued was complied with-High Court affirmed the order of the Tribunal deleting the addition-SLP of Revenue is dismissed. [S. 131, 133(6), Art. 136]
PCIT. v. Hadoti Punj Vikas Ltd (2024) 296 Taxman 248 (SC) Editorial: Pr. CIT v. Oriental Power Cables Ltd. [2022] 143 taxmann.com 370 (Raj.) (HC)
S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services Deduction of tax at source-Payment to non-resident-Foreign company had not rendered technical services to Indian company-Amount remitted not taxable-Not liable to deduct tax at source-SLP of Revenue is dismissed-DTAA-India-United States of America. [S. 195, 201(1), 201(IA), Art. 12(4), Art. 32]
CIT v. Ad2pro Media Solutions (P.) Ltd. (2024) 296 Taxman 569/ 463 ITR 700 (SC) Editorial : Refer, CIT v. Ad2pro Media Solutions (P.) Ltd (2023) 148 taxmann.com 226/ 455 ITR 648 (Karn)(HC)
S. 271-I: Penalty-Deduction of tax at source-Remittances against import of goods-provision for withholding tax and requirement to furnish details not mandatory-forms 15CA and 15CB to be submitted only for payments chargeable to tax in India-Penalty not attracted for failure to furnish forms. [S. 195(6), Form,15CA,15CB,Rule 37BB]
Asst. CIT v. Vinay Diamonds (2023) 105 ITR 31 (SN) (Surat) (Trib)
S. 271D : Penalty-Takes or accepts any loan or deposit-Penalty could not be imposed after expiry of period of limitation.[S. 275(1)((c)]
Jagdish Chandra Suwalka v. Jt. CIT (2023) 154 taxmann.com 504/ 105 ITR 480 / 225 TTJ 161 (SMC)(Jaipur) (Trib)
S. 271C : Penalty-Failure to deduct at source-Tax deducted at source-Deposited with interest-Survey-Reasonable cause-Levy of penalty is not justified.[S.133A]
Kundan Industries Ltd. v. JCIT(TDS) (Mum)(Trib) (UR)
S. 271C : Penalty-Failure to deduct at source-Interest payable to Uttarakhand Environment Protection and Pollution Control Board on FDs with the assessee-Board not a taxable entity, established under Central Act-Penalty not leviable. [S. 194A(3)(iii)(f), Notification No. S. O. 3489(E), Dated 22-10-1970.]
Yes Bank Ltd. v Add. CIT (TDS) (2023)101 ITR 13 (SN) (Dehradun) (Trib)
S.271B: Penalty-Failure to get accounts audited-Delay in filing audit report due to change of tax auditor-Reasonable cause for delay-Penalty cannot be levied
Gill Rice Mill Guru Sar Sahnewala v. Dy. CIT (2023) 105 ITR 717 (Amritsar)(Trib)
S. 271B : Penalty-Failure to get accounts audited-Audit report filed along with the return-Levy of penalty is not justified.
Jigneshbhai Rasikbhai Savalia v. ITO (2023) 200 ITD 271 / 224 TTJ 907 (SMC) (Surat) (Trib)
S. 271D : Penalty-Takes or accepts any loan or deposit-Sale of flat-assessee collecting sale proceeds and also purchasing for daughter’s wedding-Failure on part of assessee reasonable-Words, “reasonable cause” and “Reasonable” to be taken into consideration as per 273B-Held, a penalty not to be imposed. [S. 273B]
Sonia Verma v. ITO (2023) 200 ITD 1/103 ITR 282/ 223 TTJ 870 (SMC)(Chd) (Trib)
S. 271(1)(c): Penalty-Concealment-Search-Search initiated on or after 1st June, 2007-Bogus purchases-Penalty in search cases cannot be levied u/s. 271(1)(c) for AY. 2012-13 .[S. 271AAA]
Dy. CIT v. Becon Constructions P. Ltd. (2023)104 ITR 74 (SN)(Delhi)(Trib)