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
Click here to download the pdf versions of the Digest of case laws

S. 245D : Settlement Commission – Application -Retraction of statement – Order passed by the Settlement commission rejecting the application was affirmed [ S. 245C, 245D(4) , Art , 226 ]

P. Udaya Shankar v. ITSC (2021) 281 Taxman 134 (Mad.) (HC )

S. 237 : Refunds – Refund was erroneously refunded to another company – Notice was issued to the department [ Art. 226 ]

CLC & Sons (P) Ltd v. Dy. CIT (2021) 281 Taxman 17 (Delhi) (HC)

S. 234B : Interest – Advance tax -Non-resident – Entire tax was to be deducted at source – Not liable to charge any interest .

CIT(IT) v. SMS Mavac UK Ltd. (2021) 129 taxmann.com 91 (Delhi ) ( HC) Editorial : SLP is granted to the revenue; CIT(IT) v. SMS Mavac UK Ltd. (2021) 281 Taxman 364 (SC)

S. 220 : Collection and recovery – Assessee deemed in default -Stay – Non -speaking order – Order set aside [ S. 220( 6), Art , 226 ]

Queen Agencies v. ACIT (2021) 206 DTR 180/ 281 Taxman 147/ 322 CTR 808 (Mad.) (HC)

S. 199 : Deduction at source – Credit for tax deducted -Cable operator – Subscription not shown as income – Tax deducted was paid to Government – Entitle to credit .[ S.199 (2) , Rule 37BA(2) (i) ]

PCIT v. Kal Comm. (P) Ltd. (2021) 436 ITR 66/ 203 DTR 249/ 321 CTR 771 / 281 Taxman 388 (Mad.) ( HC)

S. 149 : Reassessment – Time limit for notice – From the date of issue of notice and not from service of notice- Writ petition was dismissed . [ S. 147, 148 , 281, Art , 226, General Clauses Act , 1897 , S. 27 ]

Sadhna Tolasariya v. ITO (2021) 202 DTR 377/ 281 Taxman 354/ 328 CTR 721 (Mad.) ( HC)/Laxmi Kanta Talasaiya v. ITO 2021) 202 DTR 377 / 328 CTR 721 ( Mad ) (HC)/Praveen Amin Bhathara (Smt) v. ITO ( 2021) 202 DTR 377 / 328 CTR 721 ( Mad ) (HC) Rjesh Gupta v ITO ( 2021) 202 DTR 377 ( Mad ) (HC)

S. 148: Reassessment – Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TLA Act, 2020) – Conducting inquiry, providing opportunity before issue of notice – Notice was issued without following mandatory obligations – Notice was issued – Matter was posted for final hearing after eight weeks .[ S. 3,147, 148A, Art , 226 ]

Bagaria Properties and Investments (P) Ltd v. UOI (2021) 281 Taxman 218 (Cal.)(HC)

S. 148 : Reassessment –Notice – Notice was not served on the assessee – Capital gains – Sale of agricultural land – Reassessment proceedings was quashed [ S.147 , 292BB , Art , 226 ]

Rambhai Mafatlal Patel v. ITO (2021) 281 Taxman 196 / 323 CTR 712/( 2022) 210 DTR 213(Guj.)( HC)

S. 148 : Reassessment – Notice was served on the last known address – Tribunal remanding the matter – Remand is held to be justified [ S..147 , 254(1) ]

Perumallur Vankipuram Janardhanan v. ITO (2021) 281 Taxman 184 (Mad.)( HC)

S. 148 : Reassessment – Notice – Constitutional validity – Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 – CBDT’s notification No. 20/2021, dated 31-03-2021 – Notice issued under old provisions of section 148 on or after 1-4-2021- , Notice was issued to revenue and Attorney General of India- Order passed staying the proceedings till next date of hearing . [ S. 147, 148A, 149, TLA Act, 2020 , S. 3 , Art , 226 ]

Tata Communications Transformation Services Ltd v. UOI (2021) 281 taxman 222 (Bom.) (HC) Sahil International v. ACIT (2021) 281 Taxman 221 (Bom.) ( HC)