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. 292CC : Authorisation and assessment in case of search or requisition-Separately in the name of each person-Validity-Search was conducted after introduction of section 292CC and not by applying provision retrospectively-Amendment is clarificatory in nature-Challenge to constitutional validity of section 292CC was rejected. [S. 132,132A, Art. 226]

SRS Mining v. UOI (2022) 328 CTR 510 / 217 DTR 321 /141 taxmann.com 272 (Mad.)(HC)

S. 264 : Commissioner-Revision of other orders-Withdrawal of application-Rejection of prayer for withdrawal of application-decided the application on merit-Directed the Commissioner to decide the application for withdrawal as expeditiously as possible. [Art. 226]

Rajendra Singh v. UOI (2022) 217 DTR 433 / 328 CTR 915 / 144 taxmann.com 167/(2023) 291 Taxman 168 (MP)(HC)/Kaiteshwari Devi (Smt ) v UOI 217 DTR 433 / 328 CTR 915 ( MP )( HC)

S. 254(1) : Appellate Tribunal-Duties-Remand by High Court-Industrial undertakings-Infrastructure development-Industrial Park-Tribunal is required to record finding of its own and could not merely remand matter to Assessing Officer. [S. 80IA(4)(iii]

Gopalan Enterprises (India) (P) Ltd. v. CIT (2022) 217 DTR 241 / 140 taxmann.com 235 (Karn.)(HC)

S. 226 : Collection and recovery-Modes of recovery-Stay-Deduction at source-Interest-Bank deposits-Failure to deduct or pay-Application for stay of demand was dismissed-Directed to deposit 20 per cent of total demand-DTAA-India-China. [S. 201 (1), Art. 11(3), Art. 226]

Tata Teleservices Ltd. v. CIT (2022) 216 DTR 286 / 145 taxmann.com 142 (Delhi)(HC)

S. 194N : Payment of certain amounts in cash-Tax deduction at source-Cash withdrawal-Primary agricultural co-operative societies (PACCSs)-Challenge to circular was dismissed-If primary agricultural co-operative societies qualify for exemption, they should seek redressal from competent authority as provided in section 194N. [Art. 226]

S. N. 299 Molasi Primary Agricultural Co-operative Credit Society Ltd. v. ITO (2022) 220 DTR 217 / 145 taxmann.com 222// (2023) 451 ITR 127/ 330 CTR 100 (Mad.)(HC)

S. 178 : Company in liquidation-Proceeding admitted for Corporate Insolvency Resolution Process (CIRP) under Insolvency and Bankruptcy Code, 2016 (IBC)-National Company Law Tribunal (NCLT)-Assessment order was set aside and matter was to be restored to file of Assessing Officer and matter shall be kept in abeyance till completion of CIRP. [Insolvency and Bankruptcy Code, 2016, S. 14, 238]

Srei Equipment Finance Ltd. v. Addl. CIT (2022) 214 DTR 345 / 327 CTR 1 / 141 taxmann.com 307 (Cal.)(HC)/Editorial : Order of single judge , reversed , Srei Equipment Finance Ltd. v. Addl. CIT (2022) 214 DTR 359 / 327 CTR 16(Cal)(HC)

S. 158BC : Block assessment-Agreement with third parties-Search-Received entire amount from distributors much before release of film-Addition of balance amount as undisclosed income was justified. [S. 158BD]

Pyramid Films International v. Dy. CIT (Inv) (2022) 325 CTR 406 / 211 DTR 137 / 137 taxmann.com 413 (Mad.)(HC)

S. 153C : Assessment-Income of any other person-Search-Validity-Jointly conducted-Three persons and firm-Firm would not require to be dealt with under section 153C, but would be under section 153A; however, if material collected in search against such person is used against other person, then proceeding can be taken under section 153C and not under section 153A-Matter remanded. [S. 153A, Art. 226]

SRS Mining v. UOI (2022) 328 CTR 510 / 217 DTR 321/141 taxmann.com 272 (Mad.)(HC)/: Notice is issued in SLP filed by the Revenue , ACIT v. SRS Mining (2023) 294 Taxman 604 (SC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Natural justice-Only three days time was given-Defect committed by revenue was a curable defect and if law permits, revenue can issue fresh letter to assessee in continuation to notice issued under section 148A(b) by giving him at least seven days time. [S. 148, 148A(b). 148A(d), Art. 226]

Jindal Forgings v. PCIT (2022) 328 CTR 239 /216 DTR 449 / 143 taxmann.com 263 (Jharkhand)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Beneficiary of accommodation entries-Transaction in the course of business-Writ petition was dismissed. [S. 148, 149, Art. 226]

North End Foods marketing(P) Ltd. v. Dy. CIT (2022) 220 DTR 68 / 329 CTR 788 / (2023) 146 taxmann.com 67 (Delhi)(HC)