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. 154 : Rectification of mistake-Mistake apparent from the record-Non-Resident-Wrong reporting-Deduction of tax at source-Credit for tax deducted at source is to be allowable as eligible assessee-Matter remanded-DTAA-India-USA. [S. 143(1), Art. 12]

Heidrick and Struggles Inc. v. Dy. CIT (2022) 98 ITR 67 (SN) (Delhi)(Trib)

S. 154 : Rectification of mistake-Mistake apparent from the record-Income from house property-Interest on loan-Rectification Of mistake is held to be allowable. [S. 143(1)]

Devendra Prasad Tiwari v. ITO (2022) 98 ITR 35 (SN)(Jaipur) (Trib)

S. 153C : Assessment-Income of any other person-Search-Concluded assessment did not abate-Assessment transferred to Mumbai-Notice of reassessment issued by Kolkata Officer-Thereafter-Null and void.[S.115JB, 143(3), 147, 148]

Essel Mining and Industries Ltd. v. Dy. CIT (2022) 98 ITR 93 (SN)(Mum) (Trib)

S. 153C : Assessment-Income of any other person-Search Development and construction of real estate-No incriminating material-The statement of the persons of Lodha group based on the electronically retrieved data-Addition based on such retrieved data, not sustainable, Addition was deleted. [S. 132(4), Evidence Act, 3, 22A, 45A, 62, 115, S. 65B, Information Technology Act, 2000, S. 2, 59, 65A, 65B, 79A,]

Simtools (P) Ltd. v. Dy. CIT (2022) 219 TTJ 887 (Mum)(Trib)

S. 153C : Assessment-Income of any other person-Search-Documents neither belonged to Assessee nor was incriminating in nature-Proceedings invalid. [S. 132]

Neesa Technologies Pvt. Ltd. v. DCIT (2022) 217 TTJ 649/ 214 DTR 172 (Ahd)(Trib)

S. 153C : Assessment-Income of any other person-Search-Interest Paid on post-dated cheques in cash outside books of account-No documents belonging to assessee was found and seized-Interest on Post-dated cheques to be deleted. [S. 132]

Rainbow Promoters (P.) Ltd. v. ACIT (2022) 95 ITR 232 (Delhi)(Trib)

S. 153C : Assessment-Income of any other person-Search-Satisfaction note mentioning incriminating evidence-Not relating to relevant assessment year-Beyond jurisdiction-Addition is not valid. [S. 142(1), 143(2)]

Heaven Suppliers Pvt. Ltd. v. ACIT (2022) 96 ITR 4 (SN) (Delhi) (Trib)

S. 153C : Assessment-Income of any other person-Search-No incriminating material was found-Changing head of income from business income to income from other sources-Addition is not sustainable-Binding precedent-Pending of SLP-Ratio of High Court decision has to be followed. [S. 132]

Dy. CIT v. Apoorva Extrusion P. Ltd. (2022)100 ITR 7 (SN) (Delhi) (Trib)

S. 153C : Assessment-Income of any other person-Cash credits-Additions on account of unexplained credits-Absence of any contradictory material-Additions affirmed by CIT (A) justified. [S. 68, 153A]

Amit Sanap v. Dy. CIT (2022)97 ITR 19 (SN) (Mum) (Trib)

S. 153C : Assessment-Income of any other person-Search-Undisclosed income-Retraction-Retraction statement is held to be valid-No incriminating material-Capitalisation fee-Extrapolation of addition in the previous year or subsequent year-Addition was deleted-Validity of assessment-Not raised before the Assessing Officer or CIT(A)-Application under Rule 27 was dismissed. [S. 132(4) 143(2), 292C, ITATR. 27.]

Dy. CIT v. Shikshana Prasaraka Mandali Sharda Sabhagruha (2022) 219 TTJ 518 (Pune)(Trib)