Central Goods and Service tax Act , 2017 .
S. 73 : Demands and recovery – Determination of tax – Joint Development Agreement – Real estate developer – Time of supply of service – Time of supply under Joint development agreement is governed by Notification 04/2018, i.e., on conveyance/allotment, not agreement date,-Any deposit obtained without authority of law is refundable with interest, regardless of whether made under protest or otherwise. [ S. 13(2(b), 74 , Art . 226 ]
Digest of case laws
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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. 54 : Refund of tax – Input tax credit – Inverted duty structure – Notification No. 09/2022 dated 13-07-2022 applicable prospectively – Refund cannot be denied for period up to 18-07-2022 – Circular restricting refund claims only if filed before 18-07-2022 held arbitrary and violative of Article 14 – Refund application filed within limitation period of two years cannot be rejected. [ S. 5(3), Art . 14 , 226 ]
Shree Arihant Oil and General Mills v. UOI (Raj)(HC) www.itatonline .orgS. 151 : Reassessment – Sanction for issue of notice – Notice issued under section 148 with sanction of PCIT instead of JCIT – Survey – Invalid sanction – Assessment held to be null and void. [ S. 133A , 143(3),151(2), 147 , 148]
Sunidhi Securities & Finance Limited v. DCIT, (Mum)(Trib) www.itatonline.orgS. 56 : Income from other sources – Immovable property – Purchase consideration – DVO valuation – Difference of 7% within 10% safe harbour – Amendment by Finance Act, 2020 curative and retrospective – Addition deleted.[ S. 50C , 56(2)(x)(b)(B) ]
Ramesh Dnyandeo Dhuri v. ITO (SMC)(Mum)(Trib), www.itatonline .orgS. 153A: Assessment – Search – Abated assessment – No incriminating material was found – Alleged bogus purchases –Addition was deleted . [ S. 69C , 132 ]
Dy.CIT v .Hard castle Restaurant Pvt Ltd ( Mum)( Trib) www.itatonline .org .S. 64 : Clubbing of income – Minor child – Capital gains – Sale of inherited property – Minor daughter’s share deposited in nationalized bank under Court order – Not includible in assessee’s hands.[S. 45, 54F , Hindu Minority and Guardianship Act, 1956, S.8(2) ]
Pradeep Jeyavelu v. ITO (SMC) (Chennai) ( Trib) (UR) www.itatonline .org .S. 54F : Capital gains- Investment in a residential house – Advance received cannot be assessed as capital gains – The AO was directed to recompute the capital gains on actual consideration and also directed to allow the exemption under section. 54F . [S. 45 ]
Natesan Ekambaram v. DCIT (Chennai) ( Trib) www.itatonline .org .S. 272A : Penalty-Failure to answer questions-Sign statements-Furnish information-Non-compliance of notices issued under section 142(1)-Assessment order was passed under section 143(3)-Penalty deleted. [S. 142(1), 272A(1)(d)]
Shilpa Shetty Kundra v. DCIT (2025) 212 ITD 173 (Mum) (Trib.)S. 263 : Revision-Capital gains-Exemption u/s 54F-Failure of AO to verify claim-Revision upheld. [S. 54F, 147]
Himasagar Krishna Muthappagari v. ITO (2025) 212 ITD 292 (Hyd)(Trib.)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Scientific research expenditure-Weighted deduction-Allowed deduction under section 35(2AB) at 200 per cent-Allowable 150 per cent-Revision order is affirmed. [S. 35(2AB, Rule 6]
Gujarat Metal Cast Industries (P.) Ltd. v. PCIT (2025) 212 ITD 178 (Ahd) (Trib.)