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
Click here to download the pdf versions of the Digest of case laws
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash deposited-Demonetization-No enquiry was made in the assessment proceedings-Commissioner remanding the matter to Assessing Officer for de novo consideration is justified. [S.69A]
Hemant Kumar Mulchandani. v. PCIT (2023) 199 ITD 448 / 224 TTJ 239 (Jabalpur) (Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Profit on sale of property used for residence-Constructed house before one year from sale of flats-Revision order is not valid.[S. 54]
Dineshbhai Jivanbhai Sanspara. v. PCIT (2023) 199 ITD 698 (Surat) (Trib.)
S. 253 : Appellate Tribunal-Appeals-Pendency of corporate insolvency proceedings under provisions of Insolvency and Bankruptcy Code, 2016-Appeal cannot be proceeded with.[S. 254 (1), Insolvency and Bankruptcy Code, 2016, S. 13, 14]
ACIT v. MSM Steels (P.) Ltd. (2023) 199 ITD 232 (Pune) (Trib.)
S. 234A : Interest-Default in furnishing return of income-Return due on 31-7-2020-Return was filed on 17-10-2020-Delay of 2.5 months-Tax was paid in August & September 2020-Interest correctly computed for the period 31-7-2020 up to August & September 2020 and not up to filing of return. [S. 139 (4)]
Milind Madhav Padhye. v. DCIT (2023) 199 ITD 708 (Pune) (Trib.)
S. 234A : Interest-Default in furnishing return of income-Compensatory in nature-Can only be levied up to such date of self-assessment and not beyond that period or till date of completion of assessment.[S. 234B]
Dhirendra Narbheram Sheth. v. ITO (2023) 199 ITD 507 (Rajkot) (Trib.)
S. 205 : Deduction at source-Bar against direct demand-Salary-Tax deducted by employer-Not remitted to Central Government-Revenue can recover from employer and not from the employee.[S. 192]
Chandrashekhar Sadashiv Potphode. v. DCIT (2023] 199 ITD 381 (Pune) (Trib.)
S. 201 : Deduction at source-Failure to deduct or pay-Cheque tendered on due date-One day delay in debiting in bank account-Date of tendering of cheque for payment of Government dues could be deemed to be date of payment of tax-Interest cannot be levied. [S. 201(IA)
Natma Securities Ltd. v. ACIT (2023) 199 ITD 31 (Delhi) (Trib.)
S. 199 : Deduction at source-Credit for tax deducted-Gift of shares-Interest income-Entitled to credit of tax deducted at source on interest earned from gifted amount-Substantive provision prevail over procedural irregularities. [S. 64, R.37BA(2)]
Anil Ratanlal Bohora. v. ACIT (2023) 199 ITD 596 (Pune) (Trib.)
S. 199 : Deduction at source-Credit for tax deducted-Commission-Direction issued for reopen the assessment for the Assessment year 2013-14 and tax the commission income and also allow credit of TDS.[S. 147,159, 254(1), R. 37BA(2)(i)]
Hari Shankar Singhania Estate. v. JCIT (2023) 199 ITD 496 (Delhi) (Trib.)
S. 199 : Deduction at source-Credit for tax deducted-Portuguese Civil Code-Income earned to be apportioned half to spouse-TDS credit to be apportioned-Not entitle to entire TDS credit in his name. [S. 5A,154, 198, Rule. 37BA]
Prasad Raghoba Naik. v. ADIT (2023) 199 ITD 95 (Panaji) (Trib.)