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. 251 : Appeal-Commissioner (Appeals)-Powers-Matter remanded to CIT(A)-New source Cash credits-Cash deposits-No enhancement notice was issued-Cannot travel beyond scope of direction given by the Tribunal-Addition is deleted.[S. 68, 69]

Net Agri Co. (P.) Ltd. v. ITO (2024) 204 ITD 553 (Delhi) (Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Additional evidence-Capital gains-Matter remanded to the file of CIT(A) to decide a fresh after considering the additional evidence.[S. 45, 48, R. 46A]

FR. Sauter AG v. ITO (2024) 204 ITD 559 (Delhi)(Trib.)

S. 244A : Refunds-Interest on refunds-Adjustment of refund-Interest has to be calculated by first adjusting amount of refund already granted towards interest component and balance left, if any, shall be adjusted towards tax component-Provisions of section 244A(1A) would be applicable from 1-6-2016 till date of actual receipt of refund. [S. 244A(IA)]

Tata Sons (P.) Ltd. v. DCIT (2024) 204 ITD 802 (Mum.)(Trib.)

S. 194N : Payment of certain amounts in cash-Transfer of funds to current account of various Co-operative Societies-Matter remanded to the file of the CIT(A)

Dharmapuri District Central Co-operative Bank Ltd. v. DCIT (TDS) (2024) 204 ITD 240 (Chennai) (Trib.)

S. 154 : Rectification of mistake-Mistake apparent from the record-Registration-Rejection of claim under section 12A/12AA is not justified-Rectification application was to rectify inadvertent mistake which had crept in ITR filed by it online-Order of Assessing Officer denying the benefit of registration is quashed and set aside. [S.12A, 12AA]

Delhi Policy Group (reg.) v. ITO (2024) 204 ITD 118 (Delhi) (Trib.)

S. 201 : Deduction at source-Failure to deduct or pay-Failure to respond-Matter remanded back to file of Assessing Officer to afford one more opportunity of being heard to assessee.[S. 201(1), 201(IA)]

United India Insurance Co. Ltd. v. DCIT TDS (2024) 204 ITD 8 (Chennai) (Trib.)

S. 143(3) : Assessment-Document Identification Number (DIN)-Reassessment-Search-Reassessment order passed without mentioning DIN number is invalid-Order is set aside. [S. 69C, 143(3), 147,148, 153C, 292B]

SPS Structures Ltd. v. DCIT (2024) 204 ITD 716 / 112 ITR 465/ 227 TTJ 771 (Chd)(Trib.)

S. 153D : Assessment-Search-Approval-Document Identification Number (DIN)-Additional Commissioner to draft assessment order was without issuance of DIN, final assessment order passed under section 153A on basis of such invalid and non-est approval under section 153D was without sanction of law and was to be quashed.[S.153A]

Finesse International Design (P.) Ltd. v. DCIT (2024) 204 ITD 594 /227 TTJ 501 (Delhi) (Trib.)

S. 153C : Assessment-Income of any other person-Search-Additional ground-Document Identification Number-Un explained money-Assessment order neither contained any Document Identification Number nor any reason for non mentioning thereof, assessment order-Violation of Circular No. 19/2019, dated 14-8-2019-Order is quashed. [S. 69A, 143(3)]

Pratap Singh Yadav. v. DCIT (2024) 204 ITD 511 (Delhi) (Trib.)

S. 153A : Assessment-Search-Limitation-Information-Article was applicable for information that related to period on or after 1-4-2011-Not valid reference-Order is barred by limitation-DTAA-India-Swiss.[S. 143(3), 153B, Art. 26]

Priti Milan Mehta. v. DCIT (2024) 204 ITD 228 (Mum.)(Trib.)