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. 194A : Deduction at source-Interest other than interest on securities-Assessee in default-The tax deducted was deposited-The assessee could not be treated as assessee in default under section 201(1)-The assessee would be liable to pay interest u/s. 201(1A) of the Act. [S. 201(1) 201(IA)]
Wayanad District Co-op. Bank Ltd. v. ITO (TDS) (2023) 200 ITD 500 (Cochin)(Trib)
S. 192: Deduction at source-Salary-Difference between sums reported in 26AS and sums reported by assessee-Matter remanded to the Assessing Officer. [Form 26AS]
Panasonic Holdings Corporation v. Dy. CIT (2023)101 ITR 5 (SN) (Delhi) (Trib)
S. 154 : Rectification of mistake-Mistake apparent from the record-Capital gains-Compensation for compulsory acquisition of commercial land from National Highways Authority of India (NHAI)-Clarificatory circular was issued by CBDT subsequent to the date of filing return-Eligible to file rectification application, claim of exemption of assessee under RFCTLARR Act was directed to be allowed by the AO. [S. 45, 56(2)(viii),139, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 S.96]
Satish Kumar v. ITO (2023)104 ITR 694 (Chd)(Trib) Urmila Garg (Smt.) v. ITO (2023)104 ITR 694 (Chd)(Trib)
S. 154 : Rectification of mistake-Mistake apparent from the record-First appeal was dismissed-Second appeal-Abuse of process of Court-Appeal is dismissed.[S. 80IB,253]
Kishor Shankar Garve v. Dy. CIT (2023) 200 ITD 461 (Pune)(Trib)
S. 154 : Rectification of mistake-Mistake apparent from the record-Capital or revenue-Excise duty refund and Interest subsidy as revenue receipts-Rectification application pursuant to jurisdictional High Court-Tribunal held that CIT(A) is right in directing AO to carry out necessary rectification. [S. 4]
DCIT v. Kashmir Steel Rolling Mills (2023) 104 ITR 684 (Amritsar) (Trib)
S. 154 : Rectification of mistake-Mistake apparent from the record-Educational institution-Claim of exemption u/s. 11 without registration u/s. 12AA-Eligible for deduction-Annual receipt not to include voluntary donation forming part of corpus-Rectification application is allowed.[S. 10(23C)(iiiad), 11, 12, 12AA]
Sathyam Educational & Charitable Trust v. ITO (NFAC) 103 ITR 50 (Chennai) (SN)(Trib)
S. 153D : Assessment-Search-Approval-Sanction of prescribed authority-Income from other sources-Addition made under head “Income from other sources” on ground Assessee could not explain source and details of investment made-Approval given by Joint Commissioner as formality without application of mind-No clarification whether or not assessment record seen by Joint Commissioner-Approval invalid and liable to be quashed .[S. 153A]
Akshata Realtors P. Ltd. v. Asst. CIT (2023)103 ITR 652 //224 TTJ 7(UO) (Raipur) (Trib)
S. 153C : Assessment-Income of any other person-Search-Appelllate Tribunal-Additional ground-Legal issue-Admitted-The assessment ought to have been made u/s. 153A of the Income-tax Act, 1961 and not u/s. 143(3) of the Act and therefore, the assessment made by the Assessing Officer was bad in law and invalid.[S. 143(3), 153A, 254(1)]
ACIT v .Dr. D. Y. Patil Education Society (2023)104 ITR 296 (Mum) (Trib)
S. 153C : Assessment-Income of any other person-Search-In case of concluded assessment, addition can only be made on the basis of an incriminating material .[S. 132,143(3)]
DCIT v. Heaven Associates (2023 154 taxmann.com 595 /105 ITR 186 (Ahd) (Trib)
S. 153A : Assessment-Search-No addition can be made in case of completed or abated assessments in absence of incriminating material .[S. 68,132]
Late Hiraben Kantial Shah v. DCIT (Mum) (Trib)