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. 253 : Appellate Tribunal-Death of assessee-mandatory to file a revised form 36-Failure to do so appeal shall stand abated-Liberty is given to the parties to file application for revival along with revised Form No 36 in accordance with law. [S.254 (1), ITAT R, 26, Form No. 36]

ACIT v. Chironji Lal Shivhare and Anr. (2021) 189 ITD 692 (Agra)(Trib.)

S. 234A : Interest-Default in furnishing return of income-Search and seizure-the interest u/s. 234B is to be levied only on the additional tax levied on the enhanced income determined u/s. 153A, r.w.s.143 of the Act. [S. 143(3), 153A 234B]

Ahmed Shareef v. Dy. CIT (2021) 189 ITD 522 (Bang.)(Trib.)

S. 206AA : Requirement to furnish Permanent Account Number-Deduction at source-Short deduction of tax-Non provision of PAN-Section 206AA cannot override DTAA in case of payment made to non-resident. [S. 90, 195]

Air India Ltd v. ITO (2021) 190 ITD 388 / 212 TTJ 109 / 201 DTR 257 (Delhi)(Trib.)

S. 201 : Deduction at source-Failure to deduct or pay-Royalties/fees for technical services-Payment made to US based company towards cost reimbursement on which parties had equal right to use and not paid amount to royalty, levy of interest u/s. 201(1A) is unjustified-DTAA-India-USA. [S. 9(1)(vi), 195, 201 (IA), Art, 12]

Pandit Deendayal Petroleum University-PDPU. v. ITO (2021) 189 ITD 110 (Ahd.)(Trib.)

S. 195 : Deduction at source-Non-resident-Agency Agreement-Principal and agent relationship-Sales commission for services rendered outside India-Not liable to deduct tax at source. [S. 5(2), 9(1)(vii), 40(a)(i)]

Prime Oceanic Pvt. Ltd v. ITO (2021) 212 TTJ 17 (UO) (Jaipur)(Trib.)

S. 194C : Deduction at source-Contractors-Provision is applicable only when assessee has paid or credited any charges covered thereunder-Estimated excessive wastage treated as Making charges-Disallowance cannot be made for failure to deduct tax at source. [S. 40(a)(ia)]

Siva Valli Vilas Jewellers (P) Ltd. v. DCIT (2021) 212 TTJ 101 / 202 DTR 89 (Chennai)(Trib.)

S. 154 : Rectification of mistake apparent on record-No format prescribed for rectification application-A simple letter can be considered as a rectification application even if it does not mention to be a rectification application-substantial justice prevails over technical consideration-Revenue cannot take undue benefit of the negligence of Assessee with regards to his rights-Long term capital gains on sale of property is directed to be excluded. [S. 45].

Anant Raj v. Dy. CIT (2021) 188 ITD 321 / 212 TTJ 836 / 206 DTR 33 (Delhi)(Trib.)

S. 153C : Assessment-Income of any other person-Search-No incriminating evidence found-Addition cannot be sustained.[S. 132]

Harbhajan Kaur (Smt.) v. DCIT (2021) 90 ITR 71 / 212 TTJ 40 (UO) (Chd.) (Trib.)

S. 153C : Assessment-Income of any other person-Search-Cash Credits-Addition cannot be made in the absence of any incriminating materials found during search-Addition cannot be made without providing copies of statement recorded and an opportunity of cross examination. [S. 68, 132]

ACIT v. CMG Steels Pvt. Ltd (2021) 212 TTJ 643 / 205 DTR 6 (Chennai)(Trib.)

S. 153A : Assessment-Search-Valuation report-Valuation report cannot be held to be incriminating material-Addition held to be not valid-DDIT (Inv)/ADIT (Inv) was empowered to make reference to Valuation Officer inserted by section 132(9D) only after 1-4-2017 by an amendment by Finance Act, 2017 [S. 132,132(9D), 142A]

ACIT v. Narula Educational Trust. (2021) 189 ITD 31 / 86 ITR 365 / 211 TTJ 39 / 205 DTR 95 (Kol.)(Trib.)