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. 201 : Deduction at source – Failure to deduct or pay – Failure to deduct tax at source – Honorarium to Gust Faculty Lecturers – Alternative remedy – Writ petition was dismissed [ S. 192 194H , 246 Art , 226 ]
Government Chandra Vijay College v .ITO ( 2022) 219 DTR 177/ 329 CTR 545 ( MP)( HC)
S. 153A: Assessment – Search or requisition-No incriminating material was found – Sale and purchase of agricultural land held to be bogus / sham / paper transactions -Judgement of Supreme Court rendered after the assessment cannot be said to be incriminating – Order of the Tribunal is affirmed [ S.132(4), 260A ]
PCIT v. PCF Ltd ( 2022) 220 DTR 467/ (2023) 330 CTR 89 ( Delhi )( HC)
S. 153A: Assessment – Search or requisition- Limitation – Interpretation – Precedent – Divergent view of different High Courts -SLP dismissed in limine – One favouring the assessee should be followed . [ S. 132, 153B, ]
PCIT v. Nidan ( 2022) 220 DTR 137/ 329 CTR 919 ( Orissa )( HC)
S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Accommodation entries -Notice was issued under section 148 of the Act (Unamended Act )- Directions given by the Supreme Court in Ashish Agarwal were applicable to cases , where notices under section 148 had been issued during period 01 st April to 30 th June 2021 – Notice issued under section 148A(b) is held to be bad in law [S. 148A(b), 148A(d), Art , 226 ]
Nagesh Trading Co v. ITO ( 2022) 219 DTR 156 (Delhi)( HC)
153A: Assessment in case of search or requisition – Examination or cross Examination – Principles of Natural Justice – If statements are not going to be used against the petitioner – Right of cross examination is not required – Writ petition was dismissed . [S. 132, 132(1), 132(1A) 292C, Art. 226]
SRS Mining v. Dy. CIT (2022) 217 DTR 361 / 328 CTR 623 (Mad)(HC)Editorial : Refer , SRS Mining v. UOI (2022) 328 CTR 510 / 217 DTR 321 taxmann.com 272 (Mad)(HC)
S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Penny stock – Long term capital gain and short-term capital gain- Failure to provide bifurcation -Writ petition dismissed . [S. 10(38), 45, 148, 148(a)(d), ]( Art , 226 ]
Saroj Bhatia v. PCIT (2022) 218 DTR 142/328 CTR 846/145 taxmann.com 237 (Delhi) (HC)
S. 147: Reassessment – Pendency of rectification proceedings – Reassessment proceedings is held to be not valid – Order of High Court set aside and the order passed by the ITAT is restored . [S. 80HHC , 143(1), 148, 154 (7) ]
S. M. Overseas (P) Ltd v. CIT (2022) 220 DTR 465/450 ITR 1/ (2023) 330 CTR 106 /291 Taxman 441 (SC)
S. 132: Search and Seizure – Reasons to believe -Discretionary jurisdiction – Alternative remedy- Writ petition was dismissed . [ Art . 226 ]
Sanjay Singhal v. UOI (2022) 211 DTR 182/325 CTR 354 (Raj)(HC)
S. 12AA: Registration of Trust Deed – Cancellation of Registration -Once registration has been granted under section 12AA after satisfying about genuineness of the activities of the Trust, the same cannot be cancelled on the basis of the same set of provisions of the Trust- . [S.12A, 12AA (3)]
Sri. Ramjanki Tapovan Mandir v. CIT (E) (2022) 220 DTR 49 / 329 CTR 745 (Jharkhand) (HC)
S. 271G : Penalty-Documents-International transaction-Transfer pricing-Failure to furnish information within stipulated time-Absence of CFO-Reasonable cause-Penalty was deleted. [S. 92D(3), 274]
JSW Energy Ltd. v. DCIT (2022) 197 ITD 417 / 220 TTJ 1 (Mum.) (Trib.)