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. 263 : Commissioner-Revision of orders prejudicial to revenue-Club entrance fee-Capital receipt-Revision is held to be not valid. [S. 4, 143(3)]

Sports Club of Gujarat Ltd. v. PCIT (2022) 195 ITD 373 (Ahd.) (Trib.)

S. 253 : Appellate Tribunal-Managing Director or Director-Appeal signed by General-Not having valid power of Attorney-Appeal was dismissed in limine [S. 140 (c) Rules, 45, 47]

Bangalore Electricity Supply Co. Ltd. v. DCIT (2022) 195 ITD 188 (Bang.)(Trib.)

S. 253 : Appellate Tribunal- – Private company — Recovery of tax — Name struck down from ROC under section 248 of Companies Act, 2013 Arrears of income-tax due — Appeal to Tribunal does not become infructuous – Name struck down from ROC under section 248 of Companies Act, 2013-Appeal is maintainable. [S. . 68, 179 ,248, 250, Companies Act , 2013 , S.248 , 250 ]]

Dwarka Portfolio (P.) Ltd. v. ACIT (2022) 195 ITD 491 / 99 ITR 620 (Delhi)(Trib.)/Shastri Buildcon P.Ltd v. ACIT (2022) 99 ITR 620 ( Delhi ) ( Trib) Vavasi Telegence P .Ltd v. ACIT (2022) 99 ITR 620 ( Delhi ) ( Trib)

S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Penalty under section 270A-Appealable before CIT(A) and Not before Appellate Tribunal.[S.246A(1)(q), 253 (1)(a),275]

Desmond Savio Theodore Fernandes v. ITO (2022) 195 ITD 352 / 217 TTJ 84 (UO) (Mum.)(Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Income offered-Payer has deducted tax at source in financial year 2018-19-Credit for tax deducted at source has to be given in the year in which the income was offered for taxation. [S. 4, 198, Rule 37BA]

Shivganga Drillers (P.) Ltd. v. CPC, Income-tax, Bangalore (2022) 195 ITD 555 (Indore) (Trib.)

S. 195 : Deduction at source-Non-resident-Purchase of property without deduction of tax at source-Proviso to section 201(1)-Non-resident disclosed consideration in his return-Not to be treated as assessee in default-Payees filed their return of income disclosing said amount to a tax on 30-7-2012, interest amount levied upon assessee under section 201(1A) should be calculated for the period from 7-10-2011 to 30-7-2012 till the date of filing of return by payees. [S. 201(1), 201(IA)]

Shree Balaji Concepts v. JT. CIT (2022) 195 ITD 632 (Panaji) (Trib.)

S. 194C : Deduction at source-Contractors-Harvesting contractors-Liable to deduct tax at source-Liable to pay interest. [S. 201(IA)]

EID Parry India Ltd. v. ITO (TDS) (2022) 195 ITD 604 (Panaji) (Trib.)

S. 154 : Rectification of mistake-Mistake apparent from the record-Audit objection-Payment made for purchasing trading goods-Violation of section 40A(3)-Rectification order is valid-Merit matter remanded. [S. 40A(3), R. 6DD]

Shiv Shakti Traders v. ACIT (2022) 195 ITD 292 (Delhi)(Trib.)

S. 149 : Reassessment-Time limit for notice-Foreign assets-Amendment to section 149 by Finance Act, 2012 with effect from 1-7-2012, which extended limitation for reopening assessment in case of income from foreign assets to sixteen years, is prospective in nature. [S. 147, 148, 149(1)(c)]

DCIT v. Indira D. Thakkar (Smt.) (2022) 195 ITD 40 / 217 TTJ 569 / 213 DTR 369 (Mum.)(Trib.)

S. 143(1)(a) : Assessment-Intimation-Adjustment cannot be made unless an intimation is given of such adjustment in writing or in electronic mode-Employee’s contribution-Adjustment is invalid in law. [S. 36(1)(va),43B, 143(1)]

Arham Pumps v. DCIT (2022) 195 ITD 679 (Ahd.)(Trib.)