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. 4 : Charge of income-tax – Re development of building – Monthly rental compensation received from the builder for rent of alternative accommodation – Not utilised for paying alternative accommodation – Capital receipt – Not taxable as income from other sources – Delay of 1566 days in filing the appeal is condoned . [ S. 56, 254(1) ]
Ajay Parasmal Kothari v. ITO ( Mum)( Trib) www.itatonline .org
S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Violation of principles of Natural Principle – Order passed against assessee without considering the reply – Remitted back the to the Assessing Officer to issue fresh notice and provide time period of 7 days to file a reply and the assessee was directed to file a reply through E-governance only. [S. 148 (d), 148 (b), Art. 226]
Ravishankar G. v. ITO (2022) 327 CTR 61 (Mad)(HC)
S. 144B : Faceless Assessment –Natural justice – Opportunity of video conference was not provided – Order was set aside [ S. 148 , Art , 226 ]
Harsha Bhavesh Patel (Smt) v. NFAC ( 2022) 216 DTR 217 ( Karn)( HC)
S. 12A : Registration –Trust or institution- Order of Tribunal directing the CIT( E ) to grant registration is affirmed . [ S. 260A ]
PCIT v. Jawaharlal Nehru Technological University (2022) 328 CTR 697 ( Telangana) ( HC)
S. 263 : Commissioner – Revision of orders prejudicial to revenue -Commissioner cannot travel beyond the show cause notice – Order of Tribunal is affirmed [ S. 260A ]
PCIT v. Bravo Sponage Iron (P) Ltd ( 2022) 212 DTR 291/ 326 CTR 85 ( Cal )( HC)
S. 221 : Collection and recovery – Penalty – Tax in default –Limitation – Pendency of writ petition – Period to be excluded – Order was not barred by limitation . [S. 221(1) , Rule , 688 of the II schedule (Procedure for Recovery of Tax ) Art ,226 ]
Sujatha . T.S. v. TRO ( 2022) 215 DTR 380/ 327 CTR 476 (Ker )( HC)
S. 201 : Deduction at source – Failure to deduct or pay – Failure to deduct tax at source – Honorarium to Gust Faculty Lecturers – Alternative remedy – Writ petition was dismissed [ S. 192 194H , 246 Art , 226 ]
Government Chandra Vijay College v .ITO ( 2022) 219 DTR 177/ 329 CTR 545 ( MP)( HC)
S. 153A: Assessment – Search or requisition-No incriminating material was found – Sale and purchase of agricultural land held to be bogus / sham / paper transactions -Judgement of Supreme Court rendered after the assessment cannot be said to be incriminating – Order of the Tribunal is affirmed [ S.132(4), 260A ]
PCIT v. PCF Ltd ( 2022) 220 DTR 467/ (2023) 330 CTR 89 ( Delhi )( HC)
S. 153A: Assessment – Search or requisition- Limitation – Interpretation – Precedent – Divergent view of different High Courts -SLP dismissed in limine – One favouring the assessee should be followed . [ S. 132, 153B, ]
PCIT v. Nidan ( 2022) 220 DTR 137/ 329 CTR 919 ( Orissa )( HC)
S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Accommodation entries -Notice was issued under section 148 of the Act (Unamended Act )- Directions given by the Supreme Court in Ashish Agarwal were applicable to cases , where notices under section 148 had been issued during period 01 st April to 30 th June 2021 – Notice issued under section 148A(b) is held to be bad in law [S. 148A(b), 148A(d), Art , 226 ]
Nagesh Trading Co v. ITO ( 2022) 219 DTR 156 (Delhi)( HC)