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. 220 : Collection and recovery-Assessee deemed in default-Stay-Deposited 20 percent of demand-Pendency of stay application-Recovered entire amount in a ex parte manner-Assessing Officer was directed to refund excess amount already recovered from assessee and he would be entitled to keep only 20 per cent of demand until appeal was decided. [Art. 226]

Ram Gopal Sharma v. ITO (2022) 288 Taxman 211/(2023) 331 CTR 110 (Raj.)(HC)

S. 194J : Deduction at source-Fees for professional or technical services-Not liable to deduct TDS on telecom service provider, on payment of interconnect user charges as it could not be categorized as fee for technical services. [S. 9(1)(vii), 201]

CIT (TDS) v. Tata Teleservices Ltd. (2022) 288 Taxman 775 / 217 DTR 453 (2023) 456 ITR 691 (Delhi)(HC)

S. 194J : Deduction at source-Fees for professional or technical services-Supply of rolling stock-Payment to consortium not liable to deduct tax at source. [S. 201(IA)]

CIT v. Bangalore Metro Rail Corporation Ltd. (2022)449 ITR 431/ 288 Taxman 539 (Karn.)(HC)

S. 194C : Deduction at source-Contractors-Clearing and forwarding agent-Reimbursement of expenditure-Tax had to be deducted at source even in respect of reimbursements which had been incurred by agent. [S. 260A]

Surendra Commercial & Exim (P) Ltd. v. ITO (2022) 288 Taxman 580 / 220 DTR 35/ 329 CTR 955 (Cal.)(HC)/Editorial: SLP of assessee dismissed as withdrawn Surendra Commercial & Exim (P.) Ltd. v. ITO (2023) 291 Taxman 202 (SC)

S. 153 : Assessment-Reassessment-Limitation-Limitation starts only from last date of financial year wherein notice was served on assessee and not from when notice was issued or sent by revenue. [S. 147, 148, 153(2), Art. 226]

Rajesh Gupta v. NFAC (2022) 288 Taxman 553 /(2023) 456 ITR 479/ 335 CTR 345(Mad.)(HC)

S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years-Corporate social responsibility-Sanction of Commissioner or Principal Commissioner is a pre-requisite for issuance of a reopening notice under section 148 after expiry of four years from end of relevant assessment year-Reopening notice with sanction of Additional Commissioner was quashed and set aside. [S. 35AC, 80G, 92CA, 147, 148, 151(2), Art. 226]

Voltas Ltd. v. ACIT (2022) 288 Taxman 506 / 213 DTR 169 / 327 CTR 748 (Bom.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Natural justice-Opportunity of hearing was not given-Order was set aside and matter remanded back to consider case a fresh. [S. 147, 148, 148A(b), 148A(d), Art. 226]

Zoomcar India (P) Ltd v. UOI (2022) 288 Taxman 761 (Karn.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice dated 31-3-2021, signed and issued on 31-3-2021-Alternative remedy-Writ petition dismissed. [S. 143(3), 147, 148, Art. 226]

Tanuja Singh v. UOI (2022) 288 Taxman 171 (Jharkhand)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Submitted a reply along with some documentary evidence showing that there was no escapement of income-Assessing Officer ought to have considered material produced on record by assessee-Matter is remitted back to Assessing Officer to give an opportunity of hearing and thereafter pass a detailed order. [S. 148, 189, Art. 226]

Studio Virtues v. ITO (2022) 288 Taxman 62/ 220 DTR 44 / 329 CTR 660 (Guj.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Natural justice-Period of 7 days was to be granted to assessee to file reply. [S. 147, 148, Art. 226]

Shini Satheeshkumar v. ITO (2022) 288 Taxman 548 (Ker.)(HC)