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. 263 : Commissioner-Revision of orders prejudicial to revenue-Transporter-Failure to deduct tax at source-Objection not considered-Revision was held to be bad in law. [S. 40(a)(ia), 194C (6), 194C(7)]

Jenirich Agro Products (P.) Ltd. v. DCIT (2021) 190 ITD 308 (Chenni) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-GSR expenses-Donation made to two trusts registered u/s 80G(5)(vi) of the Act-Revision was held to be not valid. [S. 37(1), 80G(5)(vi)]

JMS Mining (P.) Ltd. v. PCIT (2021) 190 ITR 702 / 91 ITR 80 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Share capital and share premium-Amount assessed after revision was less than the amount assessed earlier assessment order-Second revision on the ground that amount assessed was less than original assessment was held to be not justified. [S. 68, 133(6), 143(3)]

Nextgen Vyapaar (P.) Ltd. v. PCIT (2021) 190 ITD 795 (Kol.)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Industrial undertaking-Infrastructure development-Interest on income tax refund and interest on fixed deposits-No power of review-Rectification application was rejected. [S. 80IA]

Gateway Terminals India Pvt. Ltd. v. DCIT 190 ITD 220 (Mum.)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Unexplained investment-Service of notice u/s. 143(2)-Miscellaneous application of revenue to rectify the mistake was dismissed. [S. 143(2)]

ITO v. Mohd. Akram (2021) 190 ITD 575 (SMC) (Lucknow)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Limitation period is to be counted from date of service of order and not from date of order.

Techknoweledgy Interactive Partners P. Ltd. (2021) 190 ITD 643 / 205 DTR 1 / 213 TTJ 1 (Mum.)(Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Merged with four companies-Income shown in the return-Form no 26AS reflecting the tax deducted at source of merging companies-Denial of credit is held to be not justified.

Metropolis Healthcare Ltd. v. DCIT (2021) 190 ITD 331 (Delhi)(Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Income assessable to number of years-Credit for tax deducted at source shall be allowed cross those years in same proportion in which the income was assessable. [S. 4, 145, Rule 37BA]

DCIT v. Sasken Network Engineering Ltd. (2021) 190 ITD 544 (Bang.) (Trib.)

S. 195 : Deduction at source-Non-resident-Other sums-Distribution of computer software-Ancillary services-Services rendered and amount received outside India-Not royalty-Not liable to deduct tax at source-DTAA-India-Singapore. [S. 9(1)(vi), Art, 12]

Autodesk Asia (P.) Ltd. v. ACIT(IT) (2021) 190 ITD 123 (Bang.)(Trib.)

S. 195 : Deduction at source-Non-resident-Purchase of shares on 11-7 2008-Explanation 2 to section 195 which imposes tax withholding obligations on non-residents in respect of payments involving income taxable in India, was introduced by Finance Act 2012-Not liable to deduct tax at source. [S. 201(IA)]

DCIT v. WNS Capital Investment Ltd. (2021) 190 ITD 344 / 202 DTR 97 (Mum.)(Trib.)