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. 158BD: Block assessment – Undisclosed income of any other person – Agreements with the distributors conferring distribution rights of film – Entire amount received prior to release of the film – Entire amount is liable to be offered for tax. [S. 158BC]
Pyramid Films International v.Dy.CIT(Inv.) (2022) 211 DTR 137 (Mad) (HC)
S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Firm dissolved – Department is intimated – Transaction recorded in proprietorship concern – Matter remanded for fresh consideration [ S. 148, 148A(b) 148A(d), Art , 226 ]
Sanjay Gupta v. UOI 2022) BCAJ-October -P. 69 /(2023) 146 taxmann.com 163 (Delhi)(HC)
S. 148 : Reassessment –Notice – Failure to serve a copy of the Notice issued u/s. 148 before passing the re-assessment order would render the order as infructuous- Appeal filed by Revenue dismissed since no substantial question of law arise- Section 292BB was inserted in the Act in 2008 and cannot be given retrospective effect. [ S. 147, 292BB ]
PCIT v. Mahla Real Estate Pvt. Ltd. (2022) 210 DTR 182 / 324 CTR 614 (Raj.) (HC)
S. 147 : Reassessment – Bad debt – Involved mixed questions of fact and law as to validity of reopening and taxability of amount received under debt waiver scheme, the High Court was not a proper forum to decide such mixed question and matter was to be remanded back to AO.[ S. 36(1)(viia), 254(1), 260A]
Indian Overseas Bank .v. ACIT (2022) 138 taxmann.com 501 (Mad) (HC)
S. 115JB : Provisions of section 11JB will not apply to the taxpayer being a corporation established under Damodar Valley Corporation Act, 1948.[ Damodar Valley Corporation Act, 1948 ]
PCIT v. Damodar Valley Corporation (2022) 209 DTR 401 /324 CTR 462 (Cal.) (HC)
S.115BAA : Tax on income of certain domestic companies – Omission to file Form No 10IC – Directed to file an appropriate application in writing addressed to the Principal Chief Commissioner / Chief Commissioner making a request to permit it to file the Form 10IC electronically after condoning the delay in that regard so that the return of the Assessee can be re-processed or regular assessment can also be framed accordingly. [ S.115BA, 115BAB, 119(2)(b), Form No 10IC , Art , 226 ]
Rajkamal Healds and Reeds Pvt. Ltd. v. ADIT (2022) 211 DTR 275 / 325 CTR 476 (Guj)(HC)
S. 68 : Cash credits – Credit balance of the associate parties – Purchase transactions- Identity , creditworthiness and genuineness of the transactions of purchases made is proved – Deletion of addition is affirmed – No substantial question of law .[ S. 260A ]
PCIT v. Attire Designers Pvt Ltd (2023) 455 ITR 697 / 290 Taxman 551 /(2022) BCAJ-October -P. 68 (Delhi)(HC)
S. 11 : Property held for charitable purposes – Corpus donation – When the Assessee-trust has received donations for specific purposes with specific directions by donors alongwith signatures of such donors, then such receipts are to be treated towards corpus donations. [ S. 12 ]
CIT .v. Shri Jain Shwetamber Nakoda Parshwanth Tirth (2022) 211 DTR 310 / 325 CTR 550 (Raj) (HC)
S. 254(2A): Appellate Tribunal –Stay- ITAT has power to grant stay only if the asseessee pays 20 % of the tax in dispute or furnishes equal amount of security of like amount [ S. 220(6) , 253, 254(1)]
Hindustan Lever Ltd v. Dy .CIT (2022) 197 ITD 802 / 220 TTJ 516 /219 DTR 238( Mum)( Trib) . www.itatonline .org
Central Goods and Service Tax Act, 2017
S. 107: Appeals to Appellate Authority – Powers of Revisional Authority – Limitation – Electronic filing of appeals – Orders received physically -Orders were not uploaded – Limitation period would start when order is uploaded on GST portal and not when order is received physically [ S. 108 Art, 226 ]
Jose Joseph v. Asst. Commr. of Central Tax (2022) (62) G.S.T.L 464 ( Ker)(HC)