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. 234A : Interest – Default in furnishing return of income – being compensatory in nature, can only be levied up to such date of self-assessment and not beyond that period or till date of completion of assessment.[S. 234B]
Dhirendra Narbheram Sheth v.ITO ( 2023) 199 ITD 507 ( Rajkot )( Trib)
S. 199 : Deduction at source – Credit for tax deducted – TDS deducted – Entitle to get credit even if the income is not offered to tax . [ R. 37BA(3) ]
Trikaal Mediinfotech Pvt Ltd v.DCIT ( 2023) The Chamber’s Journal – April – P. 143 ( Mum)( Trib)
S. 143(1)(a) : Assessment – Intimation – Tax deduction at source – Salary – Tax credit is required to be granted while processing the return u/s 143(1) , even if tax deducted was not paid . [ S. 143(1), 192 , 199, 209, 234B ]
Mukesh Padamchand Sogani v.ACIT (2023) 200 ITD 104 ( Pune )( Trib)
S. 80IA :Industrial undertakings – Form 10CCB not filed with return of income- The filing of form is directory and not mandatory- Disallowance of exemption is not justified [ S. 143(1) ]
Marudhamalai Sri Dhandapani Spinning Mills v. DCIT, ( 2023 ) The Chamber’s Journal – May -2023 P 110 ( Chennai )( Trib)
S. 69B : Amounts of investments not fully disclosed in books of account –Alleged cash payment – Opportunity of cross examination was not provided –Matter remanded – Directed the Assessing Officer to grant an opportunity of cross examination . [ S. 131(1), 148 ]
Manoj Kumar Chandrama Prasad Pande v. ITO (2023) The Chamber’s Journal- May -2023 -P. 108 ( Mum) ( Trib)
S. 69 :Unexplained investments -Survey – Excess stock – Assessable as business income and not as undisclosed investment [ S. 115BBE , 133A ]
Govind Gidomal Lulla v. ITO ( 2023) The Chamber’s Journal – May -2023 -P. 108 ( Mum)( Trib)
S. 68 : Cash credits – Search – Draft agreement found on WhatsApp- Sales consideration as per registered agreement has to be accepted as actual sales consideration – Addition was deleted . [ S. 132 ]
Prakash Gems v .DCIT ( 2023) The Chamber’s Journal -April – P. 141 ( Mum)( Trib)
S. 68 : Cash credits – Cash deposit – Demonetization- Burden is on the Assessing Officer to prove that the explanation offered by the assesee are incorrect – Addition was deleted .
Emgee Integrated Logistics Pvt Ltd v. ACIT ( 2023) The Chamber’s Journal – April P. 140 ( Chennai)( Trib)
S. 68 : Cash credits – Protective assessment – Addition made under Black money Act – Not attained finality – Deletion of addition was affirmed . [S. 143(3), Black Money ( Undisclosed Foreign Income and Assets ) and Imposition Act 2015 , S .10(1), 10(3) ]
DCIT v. Ashok Kumar Singh ( 2023) BCAJ – May- P. 35 ( Delhi)( Trib)