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. 199 : Deduction at source-Credit for tax deducted-Failure to deposit the tax deducted by the deductor-Deductee cannot be denied the credit for tax deducted. [S.199(1), 221, 260A, 271C R.]

PCIT v. Jasjit Singh (2024) 336 CTR 634 (Delhi)(HC)

S. 194N : Payment of certain amounts in cash-Deduction at source-Interest other than interest on securities-co-operative society-Circulars issued by Tamil Nadu State Apex Co -Operative Bank directing assessee-Co-operative society to comply with sections 194N and 194A is valid-Constitutional validity is affirmed. [S. 194A, Art, 226]

Chennimalai Siragiri Murugan Primary Handloom Weaver’s Cooperative Society Ltd. v. ITO (2023)157 taxmann.com 636 / (2024) 336 CTR 419// 467 ITR 699 (Mad)(HC)

S. 158BE : Block assessment-Time limit-No statement was taken of assessee-No substantial question of law. [S. 132,132A, 158BC, 260A]

CIT v. Madhuri Sharma (Smt.) (2024) 336 CTR 362 (Pat) (HC)

S. 158BC : Block assessment-Search-Undisclosed income-Disclosure was made in the return filed after search action-Income from HUF-Return was not filed-Addition is justified-No substantial question of law.[S. 132, 158BB, 260A]

Satyendra Kumar v. CIT (2024) 336 CTR 619 (Pat) (HC)

S. 153A: Assessment-Search-Electronic device in the form of a hard drive extracted from the computer of the assessee-Reappreciation of evidence-No substantial question of law.[S. 68, 132, 260A]

CIT v. Goldstone Cements Ltd. (2024) 336 CTR 448 (Gauhati)(HC)

S. 153 : Assessment-Reassessment-Limitation-Time barred assessment-Refund-Remand by Tribunal-Assessing Officer is directed to accept the return of income as available on record and pass the consequential orders. [S. 139, 153(2A), 153(3), 263 , Art. 226 ]

Indian Renewable Energy Development Agency Ltd. v. PCIT (2024) 336 CTR 651 /470 ITR 374 (Delhi) (HC)

S. 149 : Reassessment-Time limit for notice-Search-There is no restriction of time period for issuance of notice under S. 148-Petition is dismissed. [S.132, 132A, 148, 149(1), 153A, 153C, Art. 226]

Nitin Sharma v. PCIT (2024) 336 CTR 126 (MP)(HC)

S. 149 : Reassessment-Time limit for notice-Amount is less than 50 lakhs-Notice issued beyond three years-Order is barred by limitation. [S.148, 148A(b), 148A(d), Art. 226]

Bijendra Singh v. PCIT (2024) 336 CTR 819 (Raj) (HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Supply of information-Information/description has been given to the assessee-Writ petition is dismissed. [S. 148, 148A(b), 148A(d), Art.226]

Chaturbhuj Gattani v. ITO (2024) 336 CTR 369 (Raj) (HC) Saroj Gattani v. ITO (2024) 336 CTR 369 (Raj) (HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Principle of natural justice-Opportunity of hearing-Order and notice is set aside.[S. 148, 148A(b), 148A(d), Art. 226]

Asamannoor Service Co-Operative Bank Ltd. v. ITO (2024) 336 CTR 631 (Ker)(HC) Editorial : Affirmed by Division Bench, ITO v. Asamannoor Service Co-operative Bank Ltd (2024)160 taxmann.com 681 / 336 CTR 625 (Ker) (HC)