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. 251 : Appeal-Commissioner (Appeals)-Powers-Remand proceedings-Cross examination-Revenue is directed to provide effective cross examination as per the provisions of the Indian Evidence Act, 1872. [S. 250, Indian Evidence Act, 1872]
Madhu Korah v. ITD (2023) 294 Taxman 63 (Jharkhand)(HC)
S. 245HA : Settlement Commission-Abatement of proceedings-Shortfall on additional taxes and interest-Subsequently intimated-Abatement invalid. [S. 245C, 245D(2A), Art. 226]
Mahesh Gupta v. ITSC (2023) 294 Taxman 537 / 335 CTR 251/(2024)461 ITR 267 (Bom)(HC)
S. 245HA : Settlement Commission-Abatement of proceedings-Shortfall on additional taxes and interest-Refunds-Interest-Excess tax paid-If interest on excess payment made on self-assessment, same would meet requirement of section 245D(2D)-Petition is allowed and the matter is directed to be placed before the Interim Board for Settlement constituted under section 245AA for consideration. [S. 244A, 245AA, 245C,245(2D). Art. 226]
Sitadevi Satyanarayan Malpani (Mrs.) v. ITSC (2023) 459 ITR 758 /294 Taxman 205 (Bom.)(HC)
S. 245D : Settlement Commission-Rectification of order-Rectification application was filed beyond period of six months-Rejection of application is said to be valid. [S. 245D(4), 245D(6B), Art. 226]
PCIT v. Goldsukh Developers (P.) Ltd. (2023) 294 Taxman 484 (Bom.)(HC)
S. 245D : Settlement Commission-Application-Additional income disclosed-Settlement Commission accepted the additional income-High Court set aside the order-On appeal the matter was remanded back to Settlement Commission (now Interim Board) for reconsideration and re-determination of undisclosed income, after giving an opportunity to both sides. [S. 133A, 2245C, 245D(4), Art. 136]
Shree Nilkanth Developers v. PCIT (2023) 457 ITR 464 /294 Taxman 591 / 334 CTR 1 (SC) Editorial: PCIT v. Shree Nilkanth Developers(2016) 73 taxmann.com 76 (Guj)(HC)
S. 245C : Settlement Commission-Pendency of proceedings-No proceedings was pending-Petition is not maintainable.[S. 147 148, 245A, Art. 226]
Bishan Das Goyal HUF v. PCIT (2023) 294 Taxman 102 (Delhi)(HC)
S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal before CIT(A)-Trading in waste materials-Return not filed by the seller-Sellers stock register-The assessee was not liable to submit any evidence to prove seller’s return and other particulars of seller-Demand is stayed. [Art. 226]
Rangasamy Engineers (P.) Ltd. v. ACIT (2023) 294 Taxman 610 (Mad.)(HC)