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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Gift tax Act, 1958.

S. 4 : Gifts to include certain transfers-Deemed gift-Valuation of shares-Lock-in period-Shares not quoted shares, although companies listed-Valuation to be according to Schedule III to Wealth-Tax Act taking restrictions on transfer into account. [S. 4(1)(a), 4(1)(b), 6(1), Wealth-Tax Act, 1957, Sch. III, Part A, R. 2(9), Part C R. 11), Part H, R. 21]

Dy. CIT, Gift-Tax v. BPL Ltd. (2022) 448 ITR 739 / 218 DTR 513 / 329 CTR 190 / (2023) 290 Taxman 6 (SC) Editorial: BPL Ltd v. Dy. CGT (2007) 293 ITR 321 (Karn)(HC), affirmed.

Expenditure tax Act, 1987.

S. 21 : Revision-Notice-Notice can be issued only by Commissioner-Notice issued by Assistant Commissioner-Not Valid-Principles of natural justice-Principle of waiver cannot be invoked so as to confer jurisdiction.

CIT v. Alcon Resort Holding Ltd. (2022) 448 ITR 127 (Bom.)(HC)

Black Money (Undisclosed Foreign Income and Assets) and Imposition Act, 2015

S. 50 : Penalty-Undisclosed Foreign income and assets-Offences and prosecution-Failure to furnish information relating to foreign income or assets in income-tax return-Time limit-Law applicable-Amendment of Section 139(5) with effect from 14-5-2016-Revised return can be furnished within one year of relevant assessment year or before completion of assessment-Revised return filed before expiry of limitation-Prosecution not valid. [S. 4, IT Act, 6, 132, 139(5) Code of Criminal Procedure, S. 200]

K. Mohammed Haris v. Income-Tax Department (2022) 448 ITR 707 (Karn.)(HC)

S. 276CC : Offences and prosecutions-Failure to furnish return of income-Compounding of offence not an absolute right but to be allowed based on facts and circumstances-Absence of assessee in India or communication gap between assessee and her representative not ground to quash prosecution. [S. 131(IA), 139(1), 276C(1), 278E, Code of Criminal Procedure, 1973, 200, 482]

Anjuga Selvi Alagiri (Smt.) v. Dy. DIT (Inv.) (2022)448 ITR 169/ 289 Taxman 326 (Mad.)(HC)

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Search and seizure-Penalty affirmed by Tribunal-Order of Tribunal set aside by Court-Criminal prosecution quashed [S. 132, 271(1)(c), 276C(1), 276C(2), 276CC]

S. M. J. Housing v. ACIT (2022) 448 ITR 165 (Mad.)(HC)

S. 275B : Offences and prosecutions-Search and seizure-Facility to inspect books of account-Documents-Wilful attempt to evade tax-Denial of adequate facility to the authorised officers empowered under section 132 of the Act were non-cognizable and bailable-Chief executive of the company a Chinees national with jo assets or family in India-Look-Out Circular-No extradition treaty with China-Individual being flight risk-Additional directions issued to deposit Rs 5 crores. [S. 132, 123(9B), 276C, 278B]

Dy. CIT (Inv.) v. Xiongwei Li (2022)448 ITR 193 (Delhi)(HC)

S. 275A : Offences and prosecutions-Prohibitory order-Contravention-Power to quash first information report-First information report could not be quashed. [S. 132(3), Code Of Criminal Procedure, 1973, S. 155(2)]

H.D.F.C. Bank v. State of Bihar (2022) 448 ITR 103 (Pat.)(HC)/Editorial : Order of High Court is quashed , HDFC Bank Ltd. v State of Bihar (2024)468 ITR 650 / 167 taxmann.com 600 (SC)

S. 260A : Appeal-High Court-Limitation-Delay of 86 days-Delay was condoned-High Court directed to dispose of appeals on merits.

PCIT v. Suncity Projects Pvt. Ltd. (2022) 448 ITR 717 /(2023) 290 Taxman 374/ 330 CTR 623/ 222 DTR 191 (SC)

S. 245D : Settlement Commission-Settlement of cases-Procedure-Procedure laid down must be followed-Order not following procedure-Not valid-Writ petition pending when Settlement Commission was abolished-Petition to be considered by Interim Board. Principles of natural justice-legal maxim “nemo judex in sua causa debet esse”, No one can be a judge in his own case. [S. 245D(5), 245A, 245B, Art. 226]

Lion Dates Impex (P.) Ltd. v. Chairman, Income-Tax Settlement Commission (No. 2) (2022)448 ITR 436/ 220 DTR 221 /141 taxmann.com 273 / (2023) 331 CTR 351 (Mad.)(HC) Editorial : Decision of single judge in Lion Dates Impex (P.) Ltd. v Chairman, Income-Tax Settlement Commission And Others (No. 1) (2022)448 ITR 422/ 220 DTR 369 /(2023) 331 CTR 398 (Mad)(HC)), set aside.

S. 245 : Refunds-Set off of refunds against tax remaining payable-Appeal pending-Entitled to refund of amount adjusted in excess of 20 Per Cent-No order passed either accepting or rejecting–Entitled to refund of amount adjusted in excess of 20 Per Cent. [S. 156, 220(6), 227, Art. 226]

Graphite India Ltd. v. Dy. CIT (2022) 448 ITR 292 (Cal.)(HC)