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. 68 : Cash credits – Non -Resident – Foreign bank accounts – Mentioning wrong status in the return – Once the assessee is non-resident the income or deposit in the foreign bank account cannot be taxed in India – Addition was deleted . [ S. 6(1), 56(2)(v) , 153A]
Ananya Ajay Mittal v .DCIT( 2023) BCAJ -March -P. 22 ( Mum)( Trib)
S. 264 :Commissioner – Revision of other orders – Interest received in income tax refund – Amount taxed twice – Revision power is not limited to correcting any errors committed by the tax authorities but also extended to errors committed by the assessee- Order of Commissioner was set aside . [ S, 56, 148, 246A , Direct Tax Vivad Se Vishwas Act , 2020 Art , 226 ]
Interglobe Enterprises Pvt Ltd v. PCIT ( 2023) 148 taxmann.com 121 ( Delhi) ( HC)
S. 148 : Reassessment –Notice – After the expiry of four years –
Time limit for notice – Sanction for issue of notice – Approval was obtained from Additional Commissioner of Income -tax Instead of Principal Chief Commissioner of Income tax – Order is bad in law and quashed . [ S. 147, 149(b) 151(1)(ii) , Taxation and other laws ( Relaxation and Amendment of certain Provisions ) Act , 2020, Art , 226 ]
MA Multi -Infra Development Pvt Ltd v .ACIT ( 2023) BCAJ – March -P. 49 ( Bom)( HC)
S. 45 : Capital gains – Long term capital gains – Unaccounted income –Purchases accepted as genuine – Shares were traded on stock exchange after paying securities transaction tax and money had been received through banking channels – Capital gains cannot be assessed as bogus long term capital gains- Deletion of addition by the Tribunal is affirmed [ S. 10(38) 133A 260A ]
PCIT v. Rajat Finevest ( 2023) BCAJ -March – P. 48 ( Bom)(HC)
S. 10(38) : Long term capital gains from equities – Sale of shares – Securities transactions tax was paid – Mere presumptions and suspicion – Exemption cannot be denied [ S. 45 ]
Mukesh Nanubhai Desai v . ACIT (2022)96 ITR 258 (Surat) (Trib)
S. 10(2A) : Share income of partner – Details of partners with their PAN copy of returns of firm with computation of income was furnished – Partner entitled to exemption .
Mukesh Nanubhai Desai v . ACIT (2022)96 ITR 258 (Surat) (Trib)
S. 68 : Cash credits – Demonetization – Cash deposited – Cash sales – Demonization -Addition as undisclosed income was not justified- Construction of showroom -Difference in valuation was less than 10 percent – Addition was deleted [ S. 69 , 153A ]
Charu Aggarwal (Smt.) . Dy. CIT (2022) 96 ITR 66 (Trib) (Chd)( Trib) Kalaneedhi Jewellers LLP v. Dy. CIT (2022)96 ITR 66 (Trib) (Chd)( Trib)
S. 270AA : Immunity from imposition of penalty,etc- Order was set aside-Directed to grant immunity. [S. 270A, 270AA(2), Art. 226]
Ultimate Infratech P. Ltd. v. NFAC (2022) 213 DTR 249 / 326 CTR 547 (Delhi)(HC)
S. 226 : Collection and recovery – Modes of recovery – Stay – Failure to deduct tax at source-Interest payment made to foreign bank-No financial hardship-Directed to deposit 20 per cent of total demand-DTAA-India-China. [S. 201(1), 201(IA), Art. 11(3), Art. 226]
Tata Teleservices Ltd. v. CIT (2022) 216 DTR 286 / 328 CTR 481 / 145 taxmann.com 142/(2023)451 ITR 331 (Delhi)(HC)
S. 148A : Reassessment – Conducting inquiry, providing opportunity before issue of notice – Non-sharing of material information on the basis of which reassessment proceedings are undertaken isviolative of the Act and denies an effective opportunity to the assessee to file a response to the same. [S. 148, 148A(b), 148A(d), Art. 226]
Aryan Management Service (P) Ltd. v ITO (2022) 217 DTR 438 / 328 CTR 728 (Delhi)(HC)