S. 144B : Faceless Assessment – Draft assessment order – Natural justice – Order passed without following the procedures laid down under section 144B of the Act is ab-initio -void [S. 143 (3), Art , 226 ]
Piramal Enterprises Ltd v. Add. CIT ( 2021 ) The Chamber’s Journal- September – P. 69 ( Bom ) ( HC)
Digest of case laws
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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. 17: Documents of which registration is compulsory – Effect of non-registration of documents required to be registered – Deed of Family Settlement – Merely recording of past transaction – Registration not mandatory- It may not require to be stamped.[ S. 49, Code of Civil Procedure, 1908, Ord. 13, R. 3]
Korukonda Chalapathi Rao & Ors v. Korukonda Annapurna Sampath Kumar MANU/SC/0757 /2021 (SC) / , 2021(4)RCR(Civil)433 (SC) (SC)Oral hearing is an important ingredient of the justice delivery system-An open court proceeding ensures that the judicial process is subject to public scrutiny- Public scrutiny is crucial to maintaining transparency and accountability-.Transparency in the functioning of democratic institutions is crucial to establish the public‘s faith in them…….. – Successor Judge -Has to give oral hearing before passing the order . [ Code of Civil Procedure, 1908 , Order XVIII Rule, (2) ]
Md. Abul Kalam v. UOI (Gauhati) (HC) www.itatonline.orgS. 11 : Property held for charitable purposes – Charitable purpose – Strive to promote the trade , commerce and manufacturers of India without seeking to make profits for its members is charitable purpose – Denial of exemption is held to be not justified [ S. 2(15 ) ]
Bombay Chamber of Commerce v. ITO ( E ) ( Mum ) ( Trib ) www.itatonline.orgS. 281 : Certain transfers to be void-Property transferred prior to passing of assessment orders-Attachment-Order of PCIT was set aside-Tax Recovery Officer is competent authority to pass appropriate order-Matter remanded to the Tax Recovery Officer. [S. 221(1), Sch. II, R. 11, Art. 226]
K. Ilango v. PCIT (2021) 435 ITR 713/ 323 CTR 800 (Mad.)(HC)S. 271(1)(c) : Penalty-Concealment-Failure to file return-Deemed concealment-Survey-Returns filed after receipt of notice under section 148 of the Act-Explanation 3 is satisfied-Levy of penalty is justified. [S. 133A, 148, 153, 274]
Dharampal R. Pandia v. Dy. CIT (2021) 435 ITR 301 / 202 DTR 356 / 321 CTR 341 (Mad.)(HC)S. 271(1)(c) : Penalty-Concealment-New claim-Change in accounting method-Not a case of concealment of income or furnishing of inaccurate particulars-Deletion of penalty is held to be justified. [S. 132, 145, 153A]
PCIT v. Taneja Developers and Infrastructure Ltd. (2021) 435 ITR 122 / 201 DTR 234 / 320 CTR 775 (Delhi)(HC)S. 269UD : Purchase by Central Government of immoveable properties-Leasehold rights in property-Central Government in possession of property after expiry of lease-Central Government is Liable to pay Municipal taxes on property. [S. 269UD(1), Art. 285, Mumbai Municipal Corporation Act, 1888, S. 139]
Plaza Diamond Properties Pvt. Ltd. v. CCIT (2021) 435 ITR 595 (Bom.)(HC)S. 264 : Commissioner-Revision of other orders-Export of computer software-Omitting to claim exemption in return-Rejection Of Rectification-Revision application was rejected on the ground that delay in filing the revised return-Rejection of revision application was held to be not justified-Directed to allow the claim made u/s. 154 of the Act. [S. 139(5), 143(1), 154, Art.226]
L-Cube Innovative Solutions P. Ltd. v. CIT (2021) 435 ITR 566 (Mad.)(HC)S. 264 : Commissioner-Revision of other orders-Delay in filing revised return claiming benefit under-Substantive benefit cannot be denied on ground of procedural formality-Delay was condoned and directed to pass a speaking order with in a period of three months from the date of receipt of a copy of the order. [S. 80JJAA, 139(5), 288(2), Art. 226]
Craftsman Automation P. Ltd. v. CIT (2021) 435 ITR 558 (Mad.)(HC)