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. 263 : Commissioner-Revision of orders prejudicial to revenue-Co-Operative society-Interest and dividend from Co-Operative Banks-Allowable as deduction-Revision order is quashed.[S.80P(2)(d)]
Shree Madhi Vibhag Khand Udyog Sahakari Mandli Ltd. v. PCIT (2023) 202 ITD 121 (Surat) (Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Transfer has taken place in earlier years-Provisions of section 56(2)(x) applicable with effect from 1-4-2017 would not be applicable to assessee during relevant year.[S. 56(2)(x)]
Kiran Kasturchand Shah v. PCIT (2023) 202 ITD 103 (Surat) (Trib.)
S. 255 : Appellate Tribunal-Procedure-Functions-Conflict of interest-CIT-DR is not empowered to file additional grounds of appeal or miscellaneous application including application raising preliminary objection without consent of Assessing Officer-Application of CIT-DR alleging ‘conflict of interest’ was frivolous and mischievous-Department is advised to provide proper training to him before assigning him to a judicial forum-Tribunal is not right place to disqualify a lawyer or law firm as a regulatory measure; such matters could be dealt with by appropriate bodies like Bar Council of India (BCI).[S. 253]
Daechang Seat Co. Ltd. v. DCIT (IT) (2023) 202 ITD 395 / 224 TTJ 409(Chennai) (Trib.)
S. 254(2A) : Appellate Tribunal-Stay-Attachment of fixed deposit by ED as well as Income-tax Authorities-Till attachment would continue assessee would not be required to pay any further payment and stay was to be granted-In event attachment of bank accounts as vacated or revoked or disturbed or modified, assessee shall deposit 20 per cent of outstanding liability [S. 254(1), 281B]
Xiaomi Technology India (P.) Ltd. v. DCIT (2023) 202 ITD 816 /225 TTJ 348 (Bang) (Trib.)
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Non-consideration of decision of High Court or Supreme Court could said to be a mistake which could be rectified-Employees’ contribution to superannuation fund was deposited after due date-Rectification of Revenue is allowed.[S. 36(1)(va), 43B]
Jt. CIT (OSD) v. Reuters India (P.) Ltd. (2023) 202 ITD 247 (Mum) (Trib.)
S. 220 : Collection and recovery-Assessee deemed in default-Stay of demand-Calculation of 20 per cent outstanding-TDS deducted must be considered.[S. 156, 254(1)]
eBay Singapore Services (P.) Ltd. v. DCIT (IT) (2023) 202 ITD 678 (Mum)(Trib.)
S. 201 : Deduction at source-Failure to deduct or pay-Consideration above 50 lakhs-Failure to deduct tax at source and failure to file Form No 26A-Interest is leviable.[S.194IA, 201(1), 201(IA)]
Bhikhabhai Parshottambhai Patel v. ITO (2023) 202 ITD 779 (Ahd)(Trib.)
S. 199 : Deduction at source-Credit for tax deducted-Transfer of business-Transfer of income-TDS credit TDS credit cannot not be denied merely because credit of TDS didn’t reflect in Form 26AS of assessee. [Rule 37BA(2), Form 26AS]
DCIT v. Reliance Infrastructure Ltd. (2023) 202 ITD 452/224 TTJ 1 (Mum) (Trib.)
S. 154 : Rectification of mistake-Mistake apparent from the record-Business expenses-Sales promotion expenses-Debatable issue- Rectification is held to be not justified.[S. 37 (1)]
UCB India (P.) Ltd. v. ACIT (2023) 106 ITR 322 / 202 ITD 37 (Mum)(Trib.)
S. 147 : Reassessment-Share capital-Accommodation entry-Merely following the opinion by investigation wing-Reassessment order is quashed. [S. 68, 148, 151]
Bhaijee Commodities (P.) Ltd. v. ACIT (2023) 202 ITD 757/226 TTJ 257 (Delhi) (Trib.)