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. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Commissioner (Appeals) is bound to adjudicate appeal on merits in accordance with law by speaking order recording reasons.[S.69A, 250(6)]

Brijeshkumar Jayantibhai Patel v. ITO (2024) 114 ITR 1 (SN) (Ahd) (Trib)

S. 250 : Appeal-Commissioner (Appeals)-Powers-Dismissing the appeal without deciding on merits-Transfer price-Comparable-Exempt income-Matter remitted to Commissioner (Appeals) for fresh consideration.[S. 14A, 92C 92CA, 115BBD, R. 8D]

Computer Sciences Corporation India P. Ltd. v. Dy. CIT (2024)114 ITR 237 (Hyd)(Trib)

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Affidavit-Missing E-Mail received-No reason to dis believe the affidavit-Delay condoned-Matter remanded to CIT(A) to decide on merit.[S. 246A, 271(1)(c)]

Naresh Topandas Aidasani v. Dy. CIT (2024)114 ITR 76 (SN)(Mum) (Trib)

S. 234B : Interest-Advance tax-Representative-Investment fund-Passing through taxation-Entitle to credit for tax deducted at source-Assessing Officer to Charge correct interest after giving effect to Commissioner (Appeals) order-CBDT, Circular No 13 of 2014 dt. 28-7-2014 (2014) 366 ITR 2 (St). [S. 160(1)(iv), 164(1), 234C, R. 37BA(2)]

Investcorp Real Estate Yield Fund v ITO (2024)114 ITR 39 (SN)(Mum)(Trib)

S. 201 : Deduction at source-Failure to deduct or pay-Provision in the books of account-Accrual basis-Payee was not known-Tax deducted at source on booking of expenses in following year-Interest leviable only up to date of deduction of tax in subsequent year-Order of CIT(A) is affirmed. [S. 201(1), 201(IA)]

Dy. CIT v. Zte Telecom India P. Ltd. (2024)114 ITR 38 (SN)(Delhi)(Trib)

S. 153C : Assessment-Income of any other person-Search-Share premium-Identity and credit worthiness is not established-Addition is affirmed-Protective addition-Substantive addition.

Surya Vincom P. Ltd. v. ACIT (2024)114 ITR 49 (SN)(Delhi) (Trib)

S. 153C : Assessment-Income of any other person-Search–Six assessment years to be reckoned from date of recording of satisfaction-AY. 2004-05 is beyond six years-Order is quashed and set aside. [S. 132]

Esha Securities P. Ltd. v. Dy. CIT (2024)114 ITR 24 (SN)(Delhi)(Trib)

S. 153C : Assessment-Income of any other person-Search-Cash credits-Share premium-Identity and credit worthiness not established-Order of CIT(A) is affirmed. [S. 68, 153A]

Surya Vincom P. Ltd. v. ACIT (2024)114 ITR 49 (SN)(Delhi)(Trib)

S. 153C : Assessment-Income of any other person-Search-Six assessment years to be reckoned from date of recording satisfaction-Satisfaction recorded on 23-11-2010-Assessment Year2004-05 is beyond six assessment years-Order is bad in law.[S. 132]

Esha Securities P. Ltd. v. Dy. CIT (2024)114 ITR 24 (SN)(Delhi)(Trib)

S. 153C : Assessment-Income of any other person-Search-Satisfaction-Note prepared by Assessing Officer of Assessee-Jurisdiction wrongly invoked-Assessment Order is quashes. [S. 132, 153A]

Bhushan Finance P. Ltd. v. Dy CIT (2024)114 ITR 51 (SN)(Delhi)(Trib)