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

Kar Vivad Samadhan Scheme, 1998 (Finance (No. 2) Act, 1998 )
S. 88 : Settlement of tax payable – Determination of disputed tax – Total assessed tax to be reduced by taxes already paid (including any refunds issued by revenue and interest paid on those refunds). [S.87(e), 87(f) 88(a)(i) 90(1) Art. 226 ]

Bombay Dyeing & Manufacturing Co. Ltd. v. H.D. Trivedi, DCIT (2023) 456 ITR 569 / 294 Taxman 179/ 334 CTR 680 (Bom)( HC)

S. 154 : Rectification of mistake -Mistake apparent from the record – Limitation – Book – profit – Order giving effect to appellate order – Issue sought to be rectified not subject matter of appeal – Period of limitation will be reckoned from the date of original assessment order in respect of points not subjected to appellate jurisdiction- Oder passed in 2004 could not be rectified after a period of 4 years, impugned order passed under section 154 dated 29-3-2014 was barred by limitation . [ S. 32 , 115JB , 143(3) . 154(IA ) ]

PCIT v. Godrej Industries Ltd (2023) 153 taxmann.com 529 ( (Bom.) (HC)

S. 133A :Power of survey – Assessment – Residential premises – Portion of residence as office premises – Use of evidence is permissible – Survey at residential premises is held to be valid .[ Indian Evidence Act , 1872 , S. 65A, 65B]

Hillwood Furniture (P.) Ltd. v. CIT (2023) 152 taxmann.com 326/ 21 ITR -OL 634 ( Ker)( HC) Editorial : SLP of assessee is dismissed , Hillwood Furniture (P.) Ltd. v. CIT (2023) 453 ITR 749 / 294 Taxman 264 (SC)

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Assessment year 2013 -14 – Six years expired on 31 st March , 2020 – Notice issued on 28 th July , 2022 – Notice issued beyond six years – Barred by limitation – Taxation and other laws ( Relaxation and Amendment of certain provisions , Act, 2020 (TOLA) has not applicable for the Assessment year 2013 -14 – Instructions are not binding on the assessee- Validity of notice must be judged on the basis of the law existing on the date on which such notice is issued – Notice and order was quashed as barred by limitation. [ S. 148, 148A(b), 148A(d) , 149 (1) , 151 ,151A, Limitation Act , 1963 , TOLA , S. 3(1), Art. 142 , 226 ]

New India Assurance Company Ltd v. ACIT(2024) 337 CTR 257 ( Bom)( HC) www.itatonline.org

S. 271(1)(c) : Penalty – Concealment -Disallowance of claim under section 54 of the Act – Levy of penalty is not justified . [ S. 54 ]

Ramprasad Kamtaprasad Nigam v.ITO ( Mum)( Trib) www.itatonline .org .

S. 271(1)(c) : Penalty – Concealment –Bogus purchases – Estimate of income -Ex -parte order – Penalty is deleted – Tribunal also observed that when the necessary facts and circumstances and material on the basis of which, the issue in the appeal has to be decided, are already on record, this Tribunal would be slow in directing such remand which may ultimately lead to multiplicity of proceedings . [ S. 250 ]

Dombivali Paper Mfg. Co. Pvt. Ltd v. ACIT ( Mum)( Trib) www.itatonline .org

S. 11 : Property held for charitable purposes – Expenditure incurred for renovation of school building and payment of taxes – Allowable as application of income though the assessee is not owner of the building . [ S. 11(1)(a)

Bombay Society of the Salesian Sisters India, v. ITO ( Mum)( Trib) www.itatonline .org .

Contempt of Courts Act , 1971 .

S. 2( c )(i): Contempt of Court- Criminal contempt – For making Scandalous , unwarranted and baseless imputations against several sitting Judges of the High Court and district Courts – Court has sentenced a lawyer to six months imprisonment after holding him guilty of criminal contempt . [ S. 5 14, , 15]

Court on its own motion v. Virendra Singh , Advocate . ( Delhi)( HC) www.itatonline. Org.

S. 153C : Assessment – Income of any other person – Search – Recording of satisfaction -Additional ground – Question of law admitted – Document Identification Number / Document Number (DIN/DN) – CBDT circular -Binding on the Assessing Officer – Not mentioned in the assessment order – Order is quashed and set aside. [ S. 119, 143(3), 254(1), 292B ]

Sunderlal Bajaj HUF v. DCIT ( Delhi)( Trib) www.itatonline .org

The Prohibitions of Benami Property Transactions Act, 1988

S. 24 :Notice and attachment of property involved in benami transaction- Show cause notice – Court held that the show-cause notice could not be interfered however, time to file objection/response to show-cause notice was extended by a period of two weeks. [ S.2( 9) , Art. 226 ]

Aachman Marketing (P.) Ltd. v. DCIT (2023) 294 Taxman 737 (Cal.) (HC)