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

. 195 :Deduction at source – Non-resident – Deposit of TDS under wrong challan – Authorities directed to correct the demand due to deposit of TDS by wrong challan .

World Quant Research ( India) Pvt Ltd v .CIT , NFAC ( 2023 ) BCAJ – February -P.38( Mum)( Trib)

S. 194H : Deduction at source – Commission or brokerage – Exhibition of films – Survey – Theatre owner is not liable to deduct tax at source on convenience fee charged by BookMyshow to the end customer and retained by it- Matter remanded . [ S. 133A, 201(IA)) ]

Srinivas Rudrappa v.ITO ( 2022) BCAJ- February – P. 37 ( Bang)( Trib)

S. 143(3): Assessment – Civil construction -Stock in trade – Amount surrendered in the course of survey – Assessable as business income – Addition cannot be made as income from undisclosed income under section 69 of the Act . [ S. 69, 133A ]

Kulkarni & Sahu Buildcon Pvt Ltd v. DCIT (2023) BCAJ – February -P.39 ( Rajkot )( Trib)

S. 56 : Income from other sources -Gift from relative – There need not be any occasion for receipt of gift from relative [ S.56(2)(v), 68 ]

ITO v. Dr. Satish Natwarlal Shah ( 2023) BCAJ – January -P. 33( Ahd)( Trib)

S. 45 : Capital gains -Transfer – Developer –Joint development agreement – Part performance – Only licence was granted to the developer- Not liable to be assessed as capital gains [S. 2(47)(v), Transfer of Property Act , S.53A ]

DCIT v. Sri Sai Lakshmi Industries Pvt Ltd ( 2023) The Chamber’s Journal – January P. 90( Bang )( Trib )

S. 45 : Capital gains -Transfer – Family arrangement – Sale /Transfer of shares under family agreement as per the directions of CLB (Company law Board ) – Not chargeable to capital gains tax [ S. 2(47) ]

Sujan Azad Parikh v. Dy .CIT (2022) 145 taxmann.com 167(2023 198 ITD 83 ( Mum)( Trib)

S. 23 : Income from house property – Annual value – Flat was not habitable – Annual value cannot be added as income of the assessee .[ S. 22, 23(1)(a) ]

Dy.CIT v. Anju Saraf (2022) 142 taxmann.com 508 (Nagpur )( Trib.)

S. 10(34) :Dividend – Domestic companies – Tax on distribution of profits – Dividend received during FY. 2019 -20 relevant to AY. 2020- 21 cannot be taxed . [S. 115O, 154 ]

Manmohan Textiles Ltd v. NFAC ( 2023) BCAJ -January – P. 32( Mum)( Trib)

S. 226 : Collection and recovery – Modes of recovery – 20% of tax demand – Liability of directors of the private limited company – Pendency of appeal – Assessing Officer cannot directly initiate recovery proceedings against directors of the company without taking an assertive step for recovery of the outstanding tax due from the Private Limited company [ S. 179, Art , 226 ]

Devendra Babulal Jain v. ITO ( 2023) The Chamber’s Journal -January -P. 89 ( Guj)( HC)

S. 201 : Deduction at source – Failure to deduct or pay – Stay of recovery – Pendency of appeal – Tax Authorities can grant stay against recovery of demand on deposit of a lesser than 20 percent of the disputed demand . [S. 220 (6), Art , 226 ]

Dr. B.L.Kapur Memorial Hospital v .CIT ( 2023 ) BCAJ- January P. 46 ( Delhi)( HC)