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.271C: Penalty- Failure to deduct at source- Purchased two immovable properties-Bonafide mistake – Furnished documents in support that the recipients /payee had shown the sale consideration in their respective returns of income and paid taxes- Penalty levied is deleted .[ S. [S.194IA , 201]
Arrone Ceramic v. JCIT (2023) 203 ITD 123 (Rajkot) (Trib)
S.271B: Penalty- Failure to get accounts audited-Books of account not maintained – Can be penalised under section 271A and not under section 271B. [S.44AA, 44AB ,271A]
Santosh Jain v. ITO (2023) 203 ITD 102/108 ITR 636 /225 TTJ 388 (Raipur) (Trib)
S.201: Deduction at source- Failure to deduct or pay- Limitation- Order passed beyond period of seven years is time barred . [S.195, 200(1), 201(IA) ]
DCIT v. Emaar Hills Township (P.) Ltd. (2023) 203 ITD 98 (Hyd.) (Trib)
S.145: Method of accounting- Estimation of income- Books of account not rejected – Estimate of profit is deleted. [ S. 145(3) ]
Kunan Mal Kalu Ram Jain and Co. v. ITO (2023) 203 ITD 182 (Jaipur) (Trib)
S.36(1)(va): Any sum received from employees- Delayed payments of Employee’s contribution to PF/ESI- Payment after due date was not allowable – Appellate Tribunal-Rectification of mistake apparent from the record – Miscellaneous application of Revenue is allowed. [S. 43B ,254(2)]
DCIT v. Inventys Research Co. (P.) Ltd. (2023) 203 ITD 24 (Mum) (Trib)
S. 12AB: Procedure for fresh registration – Not communicated exact deficiency in documents submitted -Rejection order is seta side and directed to pass a speaking order by providing a reasonable opportunity . [ Rule . 17A , Form No .10AB ]
Shree valinath Gujrati Rabari Dharmashala trust Tarabh v. CIT ( 2023) 203 ITD 93// 106 ITR 82 (SN.) ( Ahd)( Trib)
S. 263 : Commissioner – Revision of orders prejudicial to revenue -Scientific research expenditure -Donation to trust – Weighted deduction- Approval granted was expired – Order of the Assessing Officer allowing the claim is erroneous – Revision order id affirmed . [ S. 35(1)(ii) ]
Joshi technologies international Inc. v. CIT( 2024) 204 ITD 496 ( Ahd)( Trib)
S. 201 : Deduction at source – Failure to deduct or pay – Survey-Medical insurance premium-Payment to co -insurance companies – Natural justice – Matter remanded. [ S.133A ,201(1),201(IA) ]
United India Insurance Co Ltd v. Dy.CIT ( 2024) 204 ITD 8 (Chennai )( Trib)
S. 80G : Donation – Denial of approval is held to be not justified . [S. 12A , Form No. 10AB, Companies Act, 2013, S.8 ]
Olive development Foundation v. CIT ( 2024) 204 ITD 12 ( Mum)( Trib)
S. 56 : Income from other sources -Interest income on funds – Separate bank accounts – Deposited into Consolidated Fund of India – Order of CIT(A) deleting the addition is affirmed . [ S. 4 ]
Dy.CIT v. National Highways & Infrastructure development Corp. India( 2024) 204 ITD 1 ( Delhi)( Trib)