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. 194A : Deduction at source-Interest other than interest on securities-Interest on compensation-Motor Accidents Claims Tribunal award-TDS cannot be deducted by insurance companies on interest on compensation with effect from 1-6-2015 even if interest is beyond Rs. 50,000 in a particular year. [S. 2(24), 2(28A), 56(2), Form 15G, Rule, 29C, Motor Vehicle, Act. 1988]
New India Assurance Company Ltd. v. Ravinder Kumar @ Vickey. (2022) 289 Taxman 497/223 DTR 16 / (2023) 331 CTR 272 (P& H)(HC)
S. 153C : Assessment-Income of any other person-Search-Unexplained investment-Share transaction-No incriminating material was found in the course of search-Addition cannot be made. [S. 69]
PCIT v. Sunway Realtech (P.) Ltd. (2022) 289 Taxman 543 /(2023) 457 ITR 123(Delhi)(HC)
S. 153A : Assessment-Search or requisition-Long term capital gains on sale of shares-No incriminating material was found-Merely on the basis of statement of and letter of Managing Director of company-Addition cannot be made. [S. 10(38), 68]
PCIT v. Suman Agarwal (Ms) (2022) 289 Taxman 674 /(2023)451 ITR 364 (Delhi)(HC)
S. 153A : Assessment-Search or requisition-Cash credit-Capital gain-Sale of shares-Incriminating material-When no incriminating material found during course of search and AO had made additions solely relying on disclosures made by Managing Director of a company on which search was conducted, impugned addition was unjustified. [S. 10(38), 45, 68]
PCIT v. Shiv Kumar Agarwal (2022) 289 Taxman 278 (Delhi)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained investments-Shares-SEBI registered broker-Information was not reported by the Assessing Officer of Vishesht Financial Services Pvt. Ltd. (VFSPL) to assessee’s Assessing Officer-Notice was set aside and matter was to be remanded to Assessing Officer to pass a fresh order-Matter remanded. [S. 69, 147, 148, 148A(d), Art. 226]
South Asian Stocks Ltd. v. ACIT (2022) 289 Taxman 33 (Delhi)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Survey-Bogus share capital-Share premium-Reopening notice issued on 20-7-2022-income alleged to have escaped more than Rs. 50 lakhs-Reopening notice was not time barred. [S. 68, 133A, 148, 149(1)(b), Art. 226]
Touchstone Holdings (P.) Ltd. v. ITO (2022) 289 Taxman 462 / 218 DTR 241 / 329 CTR 231 / (2023)451 ITR 196 (Delhi)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Opportunity of hearing-Invested in penny scrips of two companies-A notice even if stated to be under section 148A(b) would be treated as a notice of enquiry under section 148A(a) if it contained questionnaire instead of information-Matter remanded. [S. 69, 148A(b), Art, 226]
Swal Ltd. v. UOI (2022) 289 Taxman 246 / 217 DTR 287 / 328 CTR 370 /(2023) 450 ITR 148 (Cal.)(HC)/Editorial : Decision of single judge reversed , Swal Ltd. v UOI (2022) 217 DTR 286 (Cal) (HC) / 328 CTR 369 ( Cal )(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Violation of principle of natural justice-Order passed without granting adequate time to fie reply-Order was set aside-Matter was to be remanded back to Assessing Officer for decision fresh. [S. 148, 148A(d), Art. 226]
Bird Worldwide Flight Services (I.) (P.) Ltd. v. DCIT (2022) 289 Taxman 652 (Delhi)(HC)
S. 148 : Reassessment-Notice-Merger-Information about merger of company was intimated in original return of income filed-Notice issued in name of non-existing company-Reassessment notice was quashed. [S. 147, Art. 226]
Neo Structo Construction (P.) Ltd. v. ACIT (2022) 289 Taxman 698 / (2023)451 ITR 510(Guj.)(HC)