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. 201 : Deduction at source-Failure to deduct or pay-Limitation of two years-Reimbursement of leave travel concession schme to employees-Section 201(3), as amended by Finance Act (No. 2) of 2014 shall not be applicable retrospectively. [S. 10(5), 192, 201(1), (201(3)]
State Bank of India v. ACIT (2020) 197 ITD 479 (Delhi)(Trib.)
S. 195 : Deduction at source-Non-resident-Reinsurance premium amount transferred to NRRs-NRRs did not have PE in India-Not liable to deduct TDS-DTAA-India-Singapore. [S. 9(1)(i), 201, Art. 7]
ITO (IT) v. International Reinsurance and Insurance Consultancy & Broking Services (P.) Ltd. (2022) 197 ITD 198 / (2023) 222 TTJ 515 / 224 DTR 29 (Mum.)(Trib.)
S. 194LD : Interest on certain bonds and Government securities-Interest earned from said NCDs-Bonds-Debentures-In absence of specific definition of bonds in Act, term ‘bonds’ used in section 194LD should be considered as including NCDs and accordingly concessional rate of 5 per cent-DTAA-India-Germany. [S. 9(1)(v) 115A, Art. 11]
Heidelberg Cement AG. v. ACIT, IT (2022) 197 ITD 791 (Delhi) (Trib.)
S. 154 : Rectification of mistake-Mistake apparent from the record-Income from house property-Discrepancy in receipts as shown in 26AS-Service tax-Reconciled by assessee with sufficient evidence adduced before revenue and this resulted in higher amount being shown in Form 26AS, additions made for difference was to be deleted. [S. 22, 143(1)]
Taraben Jayantilal Patel (Smt.) v. DCIT (2022) 197 ITD 755 (Ahd.)(Trib.)
S. 154 : Rectification of mistake-Mistake apparent from the record-Refunds-Interest-No adjudication by Chief Commissioner / Commissioner-Additional ground-Denial of interest by passing rectification order is held to be not valid. [S. 244A (2)]
Grasim Industries Ltd. v. DCIT (2022) 197 ITD 542 / 99 ITR 69 (SN)/ 220 TTJ 273/ 219 DTR 169 (Mum.) (Trib.)
S. 154 : Rectification of mistake-Mistake apparent from the record -Property held for charitable purposes-Failure to file Form No 10 along with return of income-Form was filed before the Assessing authority before completion of assessment-Eligible for exemption-Rejection of rectification application was not valid. [S. 11(2)(c), 143(1), 154, R. 17, Form No. 10]
Shree Harsaniji Public Charitable Trust v. ITO (2022) 197 ITD 16 (Ahd.)(Trib.)
S. 154 : Rectification of mistake-Mistake apparent from the record-Industrial undertakings-Failure to audit report-Audit report in Form 10CCB was up loaded on receipt of intimation u/s 143(1)-The Assessing Officer is directed to grant the relief. [S. 80IA, 143(1), Form-10BBC]
Satish Cold Storage v. DCIT (2022) 97 ITR 601 / 197 ITD 41 (Lucknow)(Trib.)
S. 148 : Reassessment-Notice-Time limit for issuance of notice under section 143(2) has not expired-Notice for reassessment can be issued, [S. 139, 143(2), 143(3), 147]
DCIT v. C. Gangadhara Murthy (2022) 197 ITD 80 (Bang.)(Trib.)
S. 145 : Method of accounting-Discrepancy in receipts as shown in 26AS-Estimation of income-Contractor-Without pointing out any defects in the books of account merely on the basis of discrepancy in in receipts as shown in 26AS and books of account addition cannot be made. [S. 68, 133(6), Form 26AS]
Shri Jeen Mata Buildcon (P.) Ltd. v. ITO (2022) 97 ITR 706 / 197 ITD 256 (Jaipur)(Trib.)
S. 145 : Method of accounting-Accrual of income-Unearned revenue-Additional evidence produced-Matter is remanded for reconsideration-Provision made reversed in next year-Remanded for verification. [S. 5, 40(a)(ia)]
Kable First India (P.) Ltd. v. DCIT (2022) 197 ITD 67 (Bang.) (Trib.)