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. 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)

S. 153C : Assessment-Income of any other person-Search-No incriminating material was found-Limitation-Order of Tribunal allowing the appeal is affirmed. [S. 153A]

CIT v. Fortune Vanijya Pvt. Ltd. (2023)459 ITR 72 /156 taxmann.com 191/(2024) 336 CTR 437 (Gauhati)(HC)

S. 153A : Assessment-Search-Limitation-Computation Of Limitation Period-Extension Of Time Limits By 2020 Act-Interim protections granted in writ petitions for certain assessment years Assessment orders for assessment years 2011-12, 2012-13 and 2019-20 are barred by Limitation-Orders set aside. [S. 132, 143(3), 153A, 153B, 271(1)(c), 271B, Taxation And Other Laws (Relaxation And Amendment Of Certain Provisions) Act, 2020, S. 3]

Agni Estates And Foundations Pvt. Ltd. v. Dy. CIT (2023)459 ITR 44 /157 taxmann.com 312 (Mad)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Effect of decision of Supreme Court In UOI v. Ashish Agarwal (2022) 444 ITR 1(SC)-Liberty available to matters at notice stage-Assessing Officer issuing second notice but allowing proceedings to lapse-Department cannot proceed for third time invoking liberty granted by Supreme Court-Notices and proceedings quashed. [S.. 147, 148, 148A(b), 148A(d), Art. 226]

Vellore Institute of Technology v. Asst. CIT (E) (2023)459 ITR 499 (Mad)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Assessee to be given minimum seven days to reply excluding date of issue of notice and last date for submission of reply-Only six clear days given to assessee to file reply to notice-Matter remanded to provide assessee minimum seven clear days and maximum thirty days to file E-replies. [S. 147, 148, 148A(b), 148A(d), Art. 226]

Satish Kumar v. PCIT(2023)459 ITR 67 (Jharkhand)(HC)