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. 143(2) : Assessment – Notice – Failure to issue notice – Assessment is held to be bad in law [ S. 132, 153A] S. 143(2) :

PCIT v. Param Dairy Ltd ( 2021 ) 439 ITR 89/200 DTR 118 / 320 CTR 843 ( Delhi )(HC)

S. 147 : Reassessment –With in four years- Based on the information collected in the course of survey –Alternative remedy – Reassessment notice was held to be valid – Writ was dismissed . [ S.133A, 148 , Art , 226 ]

Precision Engineering v . ACIT ( 2021 ) 319 CTR 217 / 198 DTR 311 (Chhattishgarh )(HC) Editorial : Order of Single Judge Precision Engineering v . ACIT ( 2020 )427 ITR 198/ 196 DTR 371/ 319 CTR 219 (Chhattishgarh )(HC) Aaditya Construction v. PCIT (2020) 427 ITR 198 / 196 DTR 371 (Chhattisgarh)(HC)

S. 10B: Export oriented undertakings – Period of tax holidays -Entitle to deduction for ten consecutive years from assessment year in which relief was first claimed and not when manufacture was commenced. [ S.10B(7) ]

SaintGobainCrystals & Detectors (I) Ltd v . Dy .CIT ( 2021 )198 DTR 40/ 319 CTR 20 / 123 taxmann.com 206 ( Karn ) (HC)

The Direct Tax Vivad Se Vishwas Act, 2020.
S. 2(1)(a): Appellant – Pendency of appeal – Appeal was filed along with condonation of delay – Wrongly equated with admission of appeal with pendency – Appeal would be pending as soon as it is filed and up until such time it is adjudicated upon and a decision is taken qua the same.- Order of rejection was held to be bad in law [ S. 3, 4(1) , Art , 226 ]

Shyam Sunder Sethi v. PCIT (2021) 200 DTR 49/ 319 CTR 652 (Delhi) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Capital gains- Investment in a residential house -More than two houses – Possible view – Revision order was held to be not valid [ S.54F]

PCIT v. Hema Krishnamurthy (Smt) (2021) 202 DTR 89 / 322 CTR 347 (Karn)(HC)

S. 245R : Advance rulings – Application – Pendency of proceedings – Issue of notice u/s 143 (2)- Application is not barred for entertaining the application . [ S. 143(2), 245R(2) ]

Centrient Pharmaceuticals Netherlands B.V. In re (2021) 200 DTR 37 (AAR)

S. 244A : Refund – Interest on refunds – Tax deduction at source – Directed to complete the process of refund along with applicable interest within a period of two weeks from the receipt of the order . [ S. 143(1), Art , 226 ]

Tata Communications Ltd v. UOI (2021) 201 DTR 185/320 CTR 683 (Bom.) (HC)

S.241A: Refund- Withholding of refund in certain cases -Notice issued u/s 143 (2)- Refund cannot be withheld – Directed to refund the amount within ten days of receipt of copy of judgement ..[ S. 143(1) ,143 (2), Art , 226 ]

Ingenico International India (P) Ltd. v. Dy. CIT (2021) 200 DTR 1 / 319 CTR 665 (Delhi) (HC)

S. 148 : Reassessment –Notice- Failure to file return by the partnership firm – Notice cannot be issued to individual partners to file the return- Notice was quashed .[S.44AD, 139, 147 , Art , 226 ]

Niharahemad Varjikhan Pathan v. ITO (2021) 199 DTR 153 / 320 CTR 697 (Guj.)(HC)

S. 147 : Reassessment – Survey – Various documents – Business connection in India- Notice issued to file the return was held to be valid . [ S. 5(2). 6(3), 9(1)(i), 92CA(3), 148,151, Art , 226 ]

Watnamal Boolchand & Co. Ltd v. ACIT (IT) (2021) 202 DTR 321 / 321 CTR 548 (Mad.)(HC)