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. 244A: Refunds-Interest on refunds-Directed the Assessing Officer to recalculate refund.

Minor Baku Dineshbhai Amin Oral Specific Deferred Family Trust v. ITO (2023)105 ITR 55 (SN)(Ahd)(Trib)

S.234E: Fee-Default in furnishing the statements-Not leviable for TDS deducted prior to 1 June 2015-NFAC is bound by the binding decision of the jurisdictional High Court .[S. 200A]

Nagesh Consultants v. Dy.CIT(2023) 103 ITR 24 (SN) (Bang) (Trib)

S. 234E : Fee-Default in furnishing the statements-Tax deducted at source deposited within the time limits prescribed, under the Act-Interest cannot be levied merely for delay in the filing of tax deducted at source return. [S.195,Form No 27Q.]

Kanta Govind Singh v. ACIT (Ahd)(Trib) (UR)

S.234E: Fee-Default in furnishing the statements-Applicable only prospectively i.e. from 01.06.2015.[S.200A]

Anumod Viswambharan v. ITO (TDS) (2023) 201 ITD 743 (Cochin) (Trib.)

S. 220 : Collection and recovery-Assessee deemed in default-The return of income was uploaded without consent of the assessee by the Chartered Accountant in connivance with other partners-Matter remanded to the AO to decide after taking into account the outcome of criminal case filed by the assessee against the Chartered Accountant and other partners. [S. 2(24), Indian Penal Code,1860,S. 418, 419 420, 468, 471, 477A]

Venkata Ramana Anupa v. ITO [(2023) 201 ITD 561 / 226 TTJ 605(SMC) (Hyd) (Trib)

S. 206C : Collection at source-Trading-Alcoholic liquor-Forest produce-Scrap-Time limit for furnishing form-No time limit is prescribed-The matter was to be remanded back to file of ITO (TDS) to take into consideration Form no. 27C furnished by assessee and pass order in accordance with law.[S. 206C(6), 206C(7), Form No 27C]

Gopallal Ramprasad Kabra v. ITO (2023) 200 ITD 295/ 225 TTJ 485 (Rajkot)(Trib)

S. 199: Deduction at source-Credit for tax deducted-Income declared on accrual basis when the software was sold-Eligible to claim TDS in the year when income was offered for tax. [S. 145]

BAE Systems Information and Electronic Systems Integration Inc. v. Add. CIT (IT) [2023] 105 ITR 18 (SN) (Delhi) (Trib)

S. 199: Deduction at source-Credit for tax deducted- Entitled for credit for tax deducted at source.[R. 37BA(2)]

Inter-Continental Hotels Group (Asia Pacific) Pte. Ltd. v. Dy. CIT (2023) 151 taxmann.com 416 / 105 ITR 39 (SN)(Delhi) (Trib)

S. 199 : Deduction at source-Credit for tax deducted-Percentage completion method-Receipt of revenue is reduced from the cost incurred-Tax deducted at source-Tax has deducted on a particular receipt the assessee should get credit even if the receipt is not directly offered for tax .[S. 4, 145]

Trikaal Mediinfotech Pvt. Ltd. v. DCIT (Mum)(Trib)

S. 194J : Deduction at source-Fees for professional or technical services-Not taxable as fees for technical services-DTAA-India-Singapore [Art. Art. 12(4)(a), (b)]

Inter-Continental Hotels Group (Asia Pacific) Pte. Ltd. v. Dy. CIT (2023) 151 taxmann.com 416/ 105 ITR 39 (SN)(Delhi) (Trib)