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. 260A : Appeal-High Court-Delay-Delay is not explained satisfactorily-Appeal is dismissed.

PCIT v. Britannia Industries Ltd. (2023)459 ITR 786 /156 taxmann.com 737 (Cal)(HC)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Failure to apply judicial precedents and Circular issued by Central Board Of Direct Taxes-Error apparent on face of record-Tribunal has jurisdiction to rectify the mistake. [S.10(6)(viii), 143(1), 260A]

Rajeev Biswas v. UOI (2023)459 ITR 36 /(2022) 143 taxmann.com 3 (Cal)(HC)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Tribunal cannot review its earlier order or reappreciate facts or rectify error of law-Search and seizure-Limitation-Prohibitory order-Department has remedy of appeal to High Court.[S. 132, 153C, 260A]

PCIT v. Hitesh Ashok Vaswani (2023)459 ITR 610 /156 taxmann.com 200 (Guj)(HC)

S. 254(1) : Appellate Tribunal-Duties-Reasoned order-A non-speaking order not only prevents adversely affected persons from knowing the exact reasons behind the conclusion arrived at but also disables the aggrieved person from effectively availing of remedy before the higher forum.[S. 260A]

PCIT v. Shree Developers (2023)459 ITR 466 (MP)(HC)

S. 237 : Refunds-Interest-Credit for advance tax and tax deducted at source-Company Merging Under Order Of National Company Law Tribunal-Directions issued to give credit of refund with interest to entity with which company merged. [Art. 226]

Virtusa Consulting Services Pvt. Ltd. v. Dy. CIT (2023)459 ITR 522 (Telangana)(HC)

S. 194I : Deduction at source-Rent-Agreement with State Government for Development-External development charges-Not in the nature of rent-Tax not deductible at source on such charges. [S. 201(1), 201(IA), Art. 226]

DLF Homes Panchkula Pvt. Ltd. v. JCIT(OSD) (2023)459 ITR 773/149 taxmann.com 176/ 333 CTR 754 / 226 DTR 1 (Delhi)(HC)

S. 179 : Private company-Liability of directors-Only if Officer unable to recover tax due from Private company-Failure to record satisfaction-Show-cause notices and order quashed.[Art. 226]

Jagesh Savjani v.UOI(2023) 459 ITR 194/335 CTR 993 (Bom)(HC)

S. 154 : Rectification of mistake-Mistake apparent from the record-Non-Resident-Service rendered on Foreign ship outside India-Failure to apply circular issued by Central Board of Direct taxes is a mistake apparent from the record-Entitle to exemption. [S.10(6)(viii), 143(1)]

Rajeev Biswas v. UOI (2023) 459 ITR 36 / (2022) 143 taxmann.com 3 (Cal)(HC)

S. 153C : Assessment-Income of any other person-Search-Writ petition against notice-Alternative remedy-Disputed questions of fact-Writ petition is dismissed. [S. 132, 246A, Art. 226]

Satya Vidya Real Estate Pvt. Ltd. v. ACIT(2023)459 ITR 331 (Chhattisgarh)(HC)

S. 153C : Assessment-Income of any other person-Search-Limitation-Request for information from competent Authority-Further period of one year or till such time receipt of information by Assessing Officer-Completion of assessment within time-Block period-Block comprises assessment years immediately preceding assessment year relevant to previous year in which search conducted-Inclusion of Assessment years found to be in Order-Satisfaction note by Assessing Officer of searched person-Compliance with requirements of recording of satisfaction is mandatory-Warrant-Validity of search-Liberty to approach first Appellate authority. [S. 132, 153A, Art. 226]

R. K. M. Powergen Pvt. Ltd. v. Asst. CIT (2023)459 ITR 792/146 taxmann.com 68 / 334 CTR 68(Mad)(HC) R. K. Powergen Pvt. Ltd. v. Asst. CIT (2023)459 ITR 792/146 taxmann.com 68 (Mad)(HC)