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. 268A : Appeal-Instructions-Circulars-Monetary limits-Capital gains-Profit on sale of property used for residence-SLP of revenue is dismissed, since tax amount involved in instant case was less than Rs. 2 crores.[S. 54(1)]

CIT v. C. Aryama Sundaram (2023) 292 Taxman 71 (SC) Editorial : C. Aryama Sundaram v. CIT (2018) 407 ITR 1/ 258 Taxman 10 (Mad)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Co-operative societies-Interest on deposits-Income from other sources-PCIT has not carried out any inquiry on his own-Order of Tribunal quashing the revision order is affirmed. [S. 56, 80P(2)(i)]

PCIT v. Gunja Samabay Krishi Unnayan Samity Ltd. (2023) 292 Taxman 46 (Cal.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Land used for agricultural purposes-Failure to record satisfaction-Order of Tribunal quashing the revision order is affirmed. [S. 45, 54B]

PCIT v. Rachana Todi (Smt.) (2023) 292 Taxman 30 (Cal.)(HC)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Limitation-Rectification was filed much prior to amendment made in section 254(2) which came into effect from 1-6-2016-Within a period of four years from date of actual receipt of judgment-Law prevailing on date of filing of miscellaneous application to be applied-Order of Tribunal is set aside.

Kamal Nayan Singh v. DY. CIT (2023) 292 Taxman 289 (Jharkhand)(HC)

S. 254(1) : Appellate Tribunal-Duties-Condonation of delay-Dismissal of appeal for non attendance by the assessee-Order of dismissal was set aside-Matter was to be remanded back to Tribunal to decide issue on merits. [S. 254(2)]

Radheshyam Patel v. UOI (2023) 292 Taxman 146 (MP)(HC)

S. 252A : Qualifications, terms and conditions of service of President, Vice-President and Members-Retirement-Applicant had offered her candidature for appointment as member of Tribunal, in pursuance of Circular of 2013-Right of applicant to appointment having been crystallized before 2017 Rules, appointment of applicant would be governed by position as it existed prior to 2017 Rules-Her tenure would be extended until she attained age of 62 years. [Income-tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963, R. 3, 11.

Madras Bar Association v. UOI (2023) 292 Taxman 467 (SC)

S. 234A : Interest-Default in furnishing return of income-Settlement Commission-Allowed credit of pre-paid taxes-Interest under section 234B(2A) can be levied only on balance tax payable-Short paid for period after due date of filing return on which the return was filed. [S. 132, 133A, 234B(2A), 245C 245D(4), Art. 226]

Shiv Shipping and Logistics v. ITSC (2023) 292 Taxman 390 (Guj.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal before Commissioner (Appeals)-65 percent of total demand was adjusted-Application for releasing beyond 20 percent of demand raised by the Assessing Officer was rejected-Revenue was to be directed to refund amount adjusted beyond 20 per cent of demand raised.[Art. 226]

Neo Structo Construction (P.) Ltd. v. ACIT (2023) 292 Taxman 162/ 224 DTR 72 (Guj.)(HC)

S. 199 : Deduction at source-Credit for tax deducted-Interest income of deceased husband was shown in her return of income-Tax deducted which was reflected in Form No. 26AS has to be allowed to the assessee, though physical grant if refund was not feasible through system. [Art. 226]

Nayana Kanakbhai Hutheesing v. ITO (2023) 292 Taxman 588 (Guj.)(HC)

S. 197 : Deduction at source-Certificate for lower rate-Income deemed to accrue or arise in India-Fees for technical services-India-UAE DTAA did not contain article of FTS and the assessee had no PE in India, directed to issue certificate pegging withholding tax at 4 per cent-DTAA-India-UAE. [S. 9(1)(vii), Art. 7, 10, Art. 226]

WTS Energy DMCC v. Dy. CIT (2023) 451 ITR 175 / 292 Taxman 52 (Delhi)(HC)