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. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Matter was remanded to Commissioner (Appeals) for fresh adjudication. [S. 144, 153C, 251]

Samira Habitats India Ltd. v. DCIT (2022) 196 ITD 561 (Mum.) (Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Adjournment request was filed-Matter was to be remanded to Commissioner (Appeals) for adjudication de novo. [S. 251]

Goldstone Trading Company (P.) Ltd. v. ACIT (2022) 196 ITD 556 (Mum.)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Even while passing the ex-parte order the CIT(A) has to deal with merits in respect of all issues raised in the grounds of appeal. [S. 144, 251]

Marvel Industries Ltd. v. DCIT (2022) 196 ITD 229 / 218 TTJ 806/ 216 DTR 249 (Mum.)(Trib.)

S. 195 : Deduction at source-Non-resident-Sale of property-Capital gains-Resident payee had reported income in ITR or did not have positive income in assessment year under consideration would not absolve assessee’s liability to deduct tax. [S. 201, 201(IA)]

Nitesh Estates Ltd. v. ADIT(IT) (2022) 196 ITD 404 / 220 TTJ 1003 / 220 DTR 277 (Bang.)(Trib.)

S. 172 : Shipping business-Non-residents-Shipping business-Option to be assessed under normal provision-Summary assessment orders passed under section 172(4) on each voyage undertaken earning freight from India is held to be not valid-DTAA-India-Greece. [S. 139, 172(4), 172(7), Art. 8]

Interocean Shipping (India) (P.) Ltd. v. DCIT(IT) (2022) 196 ITD 253 / 100 ITR 560 (Rajkot)(Trib.)

S. 170 : Succession to business otherwise than on death-Amalgamation-Assessment order was passed in the name of company which is ceased to be in existence as on date when Assessing Officer passed order-Order is nullity. [S. 2(31), 143(3)]

Marlabs Innovations (P.) Ltd. v. DCIT (2022) 196 ITD 179 / 97 ITR 64 (SN) (Bang.)(Trib.)

S. 154 : Rectification of mistake-Mistake apparent from the record-Interest-Revised return enhancing its TDS claim-Interest on refund-withdrawal of interest under section 244A(2) was beyond scope of rectification-Order of rectification was quashed and set aside. [S. 244A(2)]

Otis Elevator Company (India) Ltd. v. DCIT (2022) 196 ITD 558 (Mum.)(Trib.)

S. 147 : Reassessment-Capital gains-Investment in prohibited mode-No new tangible material-Reassessment is bad in law. [S. 11, 13(1)(d), 143(1)]

Navajbai Ratan Tata Trust. v. ACIT (2022) 196 ITD 189 (Mum.) (Trib.)

S. 145 : Method of accounting-Development of property and construction-Percentage completion method (PCM)-As per clause (5) of Guidance Note issued by ICAI, cost of construction and also saleable project area needed to be taken into account while recognizing revenue under Percentage completion method-Matter remanded. [AS-9]

Krishna E-Campus (P.) Ltd. v. DCIT (2022) 196 ITD 700 (Bang.) (Trib.)

S. 145 : Method of accounting-Search-No incriminating evidence was found-No addition could be made on account of difference in stock of sugar-Valuation of stock-No addition could be made on account of difference in stock of molasses. [S. 132, 153A]

Uttam Sugar Mills Ltd. v. DCIT (2022) 196 ITD 601 (Delhi)(Trib.)