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-Permanent establishment-Non-levy or short levy of taxes-Amount paid to dependent agent at arm’s length remuneration for services performed-Revision is not valid-.-DTAA-India-Malaysia. [S. 9(1)(i), Art. 5, 7]

MFE Formwork Technology Sdn Bhd v. DCIT(IT) (2022) 197 ITD 282 / 219 TTJ 450 (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Investment in new plant or machinery-Assets acquired by it before 1-4-2013 but installed after financial year 2013-14-Deduction was allowed after application of mind-Revision is not valid. [S. 32AC]

Bosch Ltd. v. CIT LTU (2022) 197 ITD 160 / 98 ITR 1 (SN) (Bang.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Remuneration is allowable under provisions of Income-tax Act-Remuneration to partners-Revision is not valid. [S. 40(b)(v)]

H.R. International. v. PCIT (2022) 97 ITR 129 / 197 ITD 53 (Amritsar) (Trib.)

S. 260A : Appeal-High Court-Territorial jurisdiction-Binding precedent-Jurisdictional High court or Tribunal-Lower authorities are bound to follow the judgement, even if revenue had challenged previous order of jurisdictional High Court and matter was pending before Supreme Court. [S. 250, 254(1)]

Sheraton International, LLC. V. JCIT (IT) (2022) 197 ITD 351 (Delhi)(Trib.)

S. 254(2A) : Appellate Tribunal-Stay-Recovery-Tribunal can only grant a stay subject to a deposit of not less than 20 per cent of disputed demand, or furnishing of security thereof-Tribunal cannot grant blanket stay as per section 254(1) by making first proviso to section 254(2A) redundant. [S. 220(6), 254(1)]

Hindustan Lever Ltd. v. DCIT (2022) 197 ITD 802 / 220 TTJ 516/219 DTR 238 (Mum.)(Trib.)

S. 254(2A) : Appellate Tribunal-Stay-Collection and recovery-Assessee deemed in default-Stay of recovery-Appeal is pending before Tribunal-Agreed to deposit 20 percent of disputed demand-Stay was granted to assessee for a period of six months or till such time appeal filed by assessee was disposed off by Tribunal. [S. 220, 254(1)]

Hyundai Motor India Ltd. v. NEAC (2022) 197 ITD 196 (Chennai) (Trib.)

S. 205 : Deduction at source-Bar against direct demand-Interest income-Credit for tax deducted at source-Payee has to discharge its responsibility of showing that the payer has deducted tax on income-Assessing Officer need not insist on demand in respect of said TDS payment to Government account-Matter remanded. [S. 199]

DZ Bank v. DCIT (2022) 197 ITD 147 / 219 TTJ 351 (Mum.) (Trib.)

S. 201 : Deduction at source-Failure to deduct or pay-Limitation of two years-Reimbursement of leave travel concession schme to employees-Section 201(3), as amended by Finance Act (No. 2) of 2014 shall not be applicable retrospectively. [S. 10(5), 192, 201(1), (201(3)]

State Bank of India v. ACIT (2020) 197 ITD 479 (Delhi)(Trib.)

S. 195 : Deduction at source-Non-resident-Reinsurance premium amount transferred to NRRs-NRRs did not have PE in India-Not liable to deduct TDS-DTAA-India-Singapore. [S. 9(1)(i), 201, Art. 7]

ITO (IT) v. International Reinsurance and Insurance Consultancy & Broking Services (P.) Ltd. (2022) 197 ITD 198 / (2023) 222 TTJ 515 / 224 DTR 29 (Mum.)(Trib.)

S. 194LD : Interest on certain bonds and Government securities-Interest earned from said NCDs-Bonds-Debentures-In absence of specific definition of bonds in Act, term ‘bonds’ used in section 194LD should be considered as including NCDs and accordingly concessional rate of 5 per cent-DTAA-India-Germany. [S. 9(1)(v) 115A, Art. 11]

Heidelberg Cement AG. v. ACIT, IT (2022) 197 ITD 791 (Delhi) (Trib.)