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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Companies Act , 2013 .
S. 230 : Composite scheme of arrangement – Demerger – Revenue objected on the ground that the scheme was a tool to avoid and evade taxes – NCLT and NCLAT clarified that Revenue was entitled to take out appropriate proceedings for recovery of any tax statutorily due from the transferor or transferee company or any other liable person – Order of NCLT and NCALT could not interfered with [ S. 231 , 232 ]

JCIT v. Reliance Jio Infocomm Ltd. (2022) 219 DTR 61 / 329 CTR 228 (SC)

Black Money ( Undisclosed Foreign Income & Assets) and Imposition of Tax Act , 2015.
S. 10:Assessment – Notice issued based on information received from IT authorities – Order passed under IT Act based on same information was earlier set-aside by the Tribunal on the ground of non-application of mind – Notice issued under BMA was quashed. [ S. 132 153A , Art , 226 ]

Jitendra Virwani v. JCIT (2022) 220 DTR 433 /(2023) 330 CTR 34 (Karn)(HC)

S. 279 : Offences and prosecutions – Sanction – Chief Commissioner – Commissioner – Application for compounding of offence – Rejected on the ground of limitation and the fact that assessee was already convicted by Magistrate – Conviction order set aside by CBI Judge and directed a fresh trial – High Court sets aside rejection of compounding application as (i) CBDT Circular had relaxed time limit to file a such application and (ii) second objection no longer survives as the conviction set aside – Revenue to consider the application seeking compounding on its own merit and in accordance with law [ S. 119 , 276CC, 278E, Art , 226 , CRPC , 391 ]

Jai Singh Goel v. CCIT . (2022) 325 CTR 485 / 211 DTR 293 (Delhi)( HC)

S. 271B :Penalty- Failure to get accounts audited – Stay – Technical glitches Natural justice- Advancement in technology cannot hamper the cause of justice -Directed not to take coercive action [ S. 246A Art , 226 ]

Elavally Service Co-Operative Bank Ltd. v. CIT(A) ( 2022) 213 DTR 453 / 326 CTR 860 (Ker)( HC)

S.271(1)(c): Penalty – Concealment – Mere acceptance of sales figures by VAT Authority cannot be a sufficient ground to hold that the cash sales were in fact genuine so as to delete the levy of penalty . [ S.80IC ]

PCIT v. J. M. J. Essential Oil Company (2022) 216 DTR 273/ 327 CTR 721 (Orissa HC)

S. 268A : Appeal –Instructions – Monetary limit less than Rs 2 Crores – Appeal of revenue was dismissed .

CIT v. Maharashtra Seamless Ltd. (2022) 220 DTR 415/329 CTR 937 (SC) CIT v. Air France ( 2022) 220 DTR 416 (SC )/ (2023) 330 CTR 110 /CIT v. British Airways (2022 ) 220 DTR 416 / 2023) 330 CTR 110( SC)

S. 260A : Appeal – High Court – Condonation of delay – Substantial justice – Every single day’s delay must be explained does not mean that a pedantic approach should be made. When substantial justice and technical consideration are pitted against each other, cause of substantial justice deserves to be preferred. [S. 254(1), Limitation Act , S. 5, Direct Tax Vivad Se Vishwas Act , 2020 , S. 3 ]

PCIT v. Dinesh Kumar Bansal (HUF) (2022) 214 DTR 11/(2023) 335 CTR 577 (Cal (HC)

S.234E: Fee-Default in furnishing the statements- Non-filing of TDS statement – Effective from 1-6-2015 – Levy of late fee invalid [ S. 200A, Art 226 ]

Headmaster, Government Upper Primary School v. ITO (2022) 218 DTR 38/(2023) 334 CTR 337 (Ker)( HC)

S. 154 : Rectification of mistake -Mistake apparent from the record – Appeal – Refusal to consider circular – Writ petition was dismissed [ S. 246A ,Art , 226 ]

Equity Intelligence India (P) Ltd. v. DCIT (2022) 324 CTR 563 / 209 DTR 412 ( Ker )( HC)

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Lack of jurisdiction of AO – Order u/s 148A(d) and notice u/s 148 quashed [ S. 148, 148A(d) Art, 226 ]

Indus Towers Ltd. v. ITO (2022) 214 DTR 70 / 326 CTR 885 (Delhi)( HC)