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. 234C : Interest-Deferment of advance tax-Nil taxable income-No liability to deposit advance tax-Not liable to pay advance tax on estimated income. [S. 11]
ACIT v. Navajibhai Ratan Trust (2022) 213 DTR 25 / 217 TTJ 137 / 140 taxmann.com 157 (Mum)(Trib)
S. 234A : Interest-Default in furnishing return of income-Matter remanded. [S. 139(1), 234B]
Dow Chemical International P. Ltd. v. ITO (2022) 100 ITR 82 (Mum)(Trib)
S. 201 : Deduction at source-Failure to deduct or pay-Limitation-Order passed beyond two years from end of financial year in which last quarterly statement was filed-Barred by limitation-Additional ground-legal issue-Admitted-Delay in filing the appeal was condoned. [S. 201(1), 201(IA), 201(3), 254(1)]
Bank of India v. Dy. CIT (2022)100 ITR 39 (SN)(Surat) (Trib)
S. 201 : Deduction at source-Failure to deduct or pay-Limitation for passing order-limitation provided for passing order under s. 201(1) for asst. yr. 2011-12 had already expired on 31st March, 2014 i.e., prior to s. 201(3) came to be amended by Finance (No. 2) Act of 2014-Order passed on 30th March, 2018 was barred by limitation. [S. 201(1), 201(3), Form 26Q4]
Reebok India Co. v. JCIT (2022) 220 DTR 141 / 220 TTJ 871 (Delhi)(Trib)
S. 195 : Deduction at source-Non-resident-Consultant-Commission on student recruitment-terminology ‘consultants’ not conclusive-Marketing of educational courses-Agents having no permanent establishment-Medical education programs-Payment outside India to persons for evaluation of PH. D. Thesis-Evaluation not a rendering of technical services-Faculty development-Not liable to deduct tax at source-DTAA-India-Singapore. [S. 5(2), 9(1)(vii), 201,201(IA), Art. 7, 12(5)]
Sharda Educational Trust v. ITO, (TDS)(IT)(2022) 97 ITR 456 (Delhi)(Trib)
S. 195 : Deduction at source-Non-resident-Salary-Double Expatriate employees Reimbursement not taxable in hands of overseas entity-No making available of any technical knowledge or skill to Indian entity-Not fees for technical services-Not Liable for deduction of taxes at source-Cannot be treated as assessee in default. DTAA-India-USA. [S. 192, 201(1), 201(IA), Art, 12]
Goldman Sachs Services Pvt. Ltd. v. Dy. CIT (IT) (2022) 99 ITR 104 (Bang)(Trib)
S. 194H : Deduction at source-Commission or brokerage-Dealer incentive-principal to principal relation-Not liable to deduct tax at source.
Mahindra Two Wheelers Ltd. v. Dy. CIT (2022) 219 TTJ 136 / 218 DTR 210 / 140 taxmann.com 367 (Mum) (Trib)
S. 194C : Deduction at source-Contractors-Common maintenance charges-The Assessing Officer is directed to recompute common area maintenance charges as per section 194C-Provision for rent under section 194I of the Act-Limitation-Ground was dismissed. [S. 194C, 194I, 201(1)(201(ia)]
Yum Restaurants India (P.) Ltd. v. ACIT (2022)100 ITR 239/(2023) 221 TTJ 924 / 147 taxmann.com 257 (Delhi) (Trib)
S. 194C: Deduction at source-Contractors-Contractor providing Computer hardware and software-Tax deducted under 194C-Assessing Officer held tax to be deducted under 194J-Contractor not making available any technical services to assessee-Assessee not in default. [S. 194J, 201(1), (201(1A)]
District Project Officer v. ITO (TDS) (2022) 98 ITR 356 (Jaipur) (Trib)