S. 263 : Commissioner-Revision of orders prejudicial to revenue-Opportunity of being heard-Participated in subsequent proceedings-Writ petition against revision proceedings was held to be not maintainable. [S. 143(3), 253, Art. 226]
Anuradha Wadhwa v. PCIT (2022) 142 taxmann.com 185 (All.)(HC) Editorial : SLP of assessee dismissed, Anuradha Wadhwa v. PCIT (2022) 289 Taxman 4 (SC)
Digest of case laws
Online digest of latest case laws
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 S. 254(1) : Appellate Tribunal-Duties-Cash credits-Share application money-Short term unsecured loan-Failure to record reasons-Matter was remanded to Tribunal. [S. 68]
PCIT v. LDS City Projects (P.) Ltd. (2022) 289 Taxman 484 (Cal.)(HC)S. 254(1) : Appellate Tribunal-Powers-Additional grounds-Excise duty, subsidy-Shown as revenue receipt-Tribunal was justified in admitting additional grounds. [S. 4]
PCIT v. Crystal Crop Protection (P.) Ltd. (2022) 289 Taxman 289 (Delhi)(HC)S. 244A : Refunds-Interest on refunds-Excess advance tax and TDS-Delay in filing refund application was condoned-Period when application was pending adjudication before writ Court could not be attributed to department-Assessee was not entitle interest on refunded amount for said time period. [S. 119(2)(b), Art. 226]
Pala Marketing Co-operative Society Ltd. v. CIT (2022) 289 Taxman 271/(2023) 333 CTR 310 (Ker.)(HC)S. 240 : Refunds-Appeal-Depreciation-Amount deposited when the appeal was pending before ITAT-Failure to pass fresh assessment order officer-Directed to refund excess amount deposited after deduction tax liability on depreciation allowance. [S. 143(3), 153, Art. 226]
BMW India (P) Ltd. v. Dy. CIT (2022) 289 Taxman 39 /(2023)) 450 ITR 695 (P& H)(HC)S. 226 : Collection and recovery-Modes of recovery-Priority over debts-FDR to secure payment of debt-Secured creditor-Priority over Income Tax department who is an unsecured creditor. [Securities Contracts (Regulation) Act, 1956, 8, 9]
IFCI Factors Ltd. v. Bank of India (2022) 289 Taxman 654 /(2023) 455 ITR 705 (Delhi)(HC)S. 220 : Collection and recovery-Assessee deemed in default-Stay of demand-Directed to deposit 20 percent of demand sum-Recovery proceedings was stayed. [S. 220(6), Art. 226]
Urban Improvement Trust v. ACIT (2022) 142 taxmann.com 239 (Raj.)(HC) Editorial : SLP dismissed as withdrawn, Urban Improvement Trust v. ACIT (2022) 289 Taxman 2 (SC)S. 206C : Collection at source-Trading-Forest produce-Trading of timber sawn into logs of different dimensions and shapes which was imported from other countries-Timber sold by assessee would not amount to forest produce and, thus, provisions of section 206C(1) were not applicable on same. [S. 206(1)]
PCIT v. Nirmal Kumar Kejriwal (2022) 289 Taxman 51 / 216 DTR 441/ 328 CTR 222 / ( 2023) 454 ITR 777 (Cal.)(HC)S. 206AA : Requirement to furnish Permanent Account Number-Non-Resident-Provisions cannot have overriding effect on DTAA-Rates prescribed under DTAA are applicable-DTAA-India-Netherland. [S. 2(37A)(iii), 4, 5, 9(1)(i), 90(2), 206AA(7), Art. 12(4)]
CIT v. Air India Ltd. (2022) 289 Taxman 492/(2023) 456 ITR 117 (Delhi)(HC). Editorial: SLP of Revenue dismissed , CIT (IT) Air India Ltd ( 2023 ) 456 ITR 139/294 Taxman 163 ( SC)S. 199 : Deduction at source-Credit for tax deducted-Rectification of application was directed to be allowed-Matter remanded to the Appellate Authority to decide afresh. [S. 154]
Chetna Jain. (Smt.) v. CIT (2022) 289 Taxman 549/ 220 DTR 417/(2023) 332 CTR 866 (Cal.)(HC)