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. 127 : Power to transfer cases – Order transferring case from Delhi to Mumbai was passed but said order did not bear a Document Identification No (DIN) , which is a requirement of CBDT Circular No. 19/2019, dated 14-8-2019- Order is set aside . [ S. 127(2) 132, 133A ,Art. 226 ]

Kamlesh Kumar Jha v.PCIT ( 2023) 335 CTR 824/ (2024) 296 Taxman 511 / 469 ITR 601( Delhi)( HC)/Sushma Jha v .PCIT ( 2023) 335 CTR 824/ (2024) 296 Taxman 511 /469 ITR 601( Delhi)( HC)

S. 201 : Deduction at source – Failure to deduct or pay -Limitation- Oder under section 201(1) was passed by Assessing Officer beyond four years from end of relevant financial year, Tribunal was justified in setting aside the order .[ S. 201(1), 201(IA) , 260A ]

Income-tax Officer, TDS v. Indian Oil Corporation Ltd( 2023) 334 CTR 999/ 156 taxmann.com 576/(2024) 296 Taxman 428 ( Pat)( HC)

S. 12AA : Procedure for registration –Trust or institution- Survey and search and seizure Violation of provisions of Section 13(1)( c ) Rejection of application — Not erroneous.[ S.12, 12A, 13(1)(c), 132 , 133A , 260A ]

CIT (E) v. Orissa Cricket Association (2023) 334 CTR 799 (2024)461 ITR 382 (Orissa)( HC)

S. 281 : Certain transfers to be void -Recovery of tax — Secured creditor — Priority of debt — Mortgage of land and construction -— Attachment of property — Transfers void against Department —Finding on date of initiation of proceeding prior to date of creation of mortgage not found in order — Order vague — Order set aside- [ ITRule. 83 , Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Recovery of Debts and Bankruptcy Act, 1993, Art. 226 ]

Bajaj Finance Ltd. v .Tax Recovery Officer(2023) 334 CTR 465 / (2024)461 ITR 397 (Orissa)(HC)

S. 3 : Payment of tax-Condonation of delay-delay of three days in depositing arrears of tax deserves to be condoned. [S. 5, Art. 226]

Digvendra Pratap Singh v. UOI (2024) 296 Taxman 460/ 338 CTR 849 (All)(HC)

S. 2(1) :Disputed tax-Matter remanded by the Tribunal to the Assessing Officer-Bogus purchases-Tax to be computed on the element of Gross Profit in respect of addition made for bogus purchases and not entire purchases added by the AO in original assessment.[S. 2(1)(j)(B), 3, IT Act, S. 68. Art. 226]

Agarwal Industrial Corporations Ltd. v UOI (2024) 461 ITR 74 (Bom)(HC)

Direct Tax Vivad Se Vishwas Act, 2020

S. 2(1) : Disputed tax-Rectification-As per clarification issued by CBDT if there was a reduction or increase in income and tax liability of assessee as a result of rectification, disputed tax would be calculated after giving effect to rectification order passed-Revised form 3 is held to be not justified. [S. 2(1)(j), ITAct, 154, Art. 226]

Rajpal Lakhmichand Arya v. PCIT (2024) 461 ITR 79 (Bom)(HC)

Black Money (Undisclosed Foreign Income And Assets) And Imposition Of Tax Act, 2015

S. 50: Punishment for failure to furnish in return of income, any information about an asset (including financial interest in any entity) located outside India-Appearance of petitioner is dispensed with certain conditions. [Criminal Procedure Code, 1973, S. 205]

Prerna Chopra v. UOI. (2023) 155 taxmann.com 430/ (2024) 296 Taxman 269 /460 ITR 664 (Cal)(HC)

S. 276CC : Offences and prosecutions-Failure to furnish return of income-Tax payable reduced by advance tax paid and tax deducted at source did not exceed Rs. 3,000, initiation of prosecution under section 276CC was not sustainable and liable to be quashed. [S.139]

Manav Menon v. Dy. CIT(2024) 296 Taxman 275/463 ITR 752(Mad(HC)

S. 276CC: Offence and prosecution-Failure to furnish return of income-Penalty deleted-There was no penalty or assessment because of subsequent orders passed by the competent authority, entire criminal proceedings against assessee were to be quashed. [S. 139 279]

Gunwant Singh Saluja v. State of Jharkhand (2024) 296 Taxman 302 / 338 CTR 232 (Jharkhand)(HC)