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. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal before CIT(A)-Trading in waste materials-Return not filed by the seller-Sellers stock register-The assessee was not liable to submit any evidence to prove seller’s return and other particulars of seller-Demand is stayed. [Art. 226]
Rangasamy Engineers (P.) Ltd. v. ACIT (2023) 294 Taxman 610 (Mad.)(HC)
S. 220 : Collection and recovery-Assessee deemed in default-Stay of demand-Pendency of appeal-Discretionary powers is to be exercised judiciously and reasonably and not arbitrary-Order quashed-Directed to pass fresh order in accordance with law.[S. 220(6), 250, Art. 226]
Nirmal Kumar Pradeep Kumar, (HUF) v. UOI (2023) 456 ITR 386/ 294 Taxman 321 / 333 CTR 345(Jharkhand)(HC)
S. 220 : Collection and recovery-Assessee deemed in default-Stay of demand-Pendency of appeal before CIT(A)-Financial hardship-Directed the authority to issue a fresh order after thoroughly considering the facts, circumstances, and submissions made by the Assessee. [S. 250 Art.226]
Kunj Bihari Lal Agarwal v. PCIT(C) (2023) 294 Taxman 273/ 335 CTR 226 (Raj)(HC)
S. 220 : Collection and recovery-Assessee deemed in default-Cash credits-Pendency of stay application-Assessing Officer was directed to consider the stay application and pass an order. [S. 68, 220(6), 250, Art. 226]
Legend Steel (P.) Ltd. v. UOI (2023) 294 Taxman 564 (Orissa) (HC)
S. 206AA : Requirement to furnish Permanent Account Number-Non-Resident-Provision cannot have overriding effect on DTAA-Rates prescribed under DTAA are applicable-DTAA-India-Netherland-SLP of Revenue dismissed. [S. 2(37A)(iii), 4, 5, 9(1)(i), 90(2), 206AA(7), Art. 12(4)]
CIT (IT) v. Air India Ltd (2023)294 Taxman 163 /456 ITR 139(SC) Editorial : CIT v. Air India Ltd. (2022) 289 Taxman 492/ (2023) 456 ITR 117 (Delhi)(HC)
S. 194N : Payment of certain amounts in cash-Deduction of tax at source-Exemption to Societies-Directing Ministry of Finance, Government of India and CBDT to immediately examine representation of Tamil Nadu Government for exemption of Societies from section 194N after affording opportunity of hearing to Government and all stakeholders through public notice. [S. 119, Art. 226]
Erode Mavatta Valamana Thodakka v. Managing Director/Additional Registrar, Erode District Central Cooperative Bank (2023) 294 Taxman 730 /(2024) 470 ITR 130(Mad.)(HC)
S. 194A : Deduction of tax at source-Interest other than interest on securities-Jammu Development Authority (JDA) being a corporation established by a State Act is outside purview of section 194A-Not and obliged to deduct tax at source on payment of interest by it on FDs/deposits made by JDA. [Jammu Development Authority Act, 1970, S. 3]
PCIT v. J&K Bank Ltd (2023) 294 Taxman 580 /2024) 338 CTR 110(J & K and Ladakh)(HC)