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. 253 : Appellate Tribunal-Appeals-Appeal in the name of dead person-Legal heir is not brought on record-Appeal of revenue is dismissed. [S. 254(1)]

DCIT v. Ranjeet Kumar Mohanlal Jain. (2024) 207 ITD 126 (Mum) (Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Erroneously decided appeal based on facts and grounds of different case-Order of CIT(A) is set aside [S. 56(2)(vii)(b), 147, 250(6)],

Bijesh Kabra. v. ITD (2024) 207 ITD 549/115 ITR 8 (SN) (Surat) (Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Service of notice-Procedure-Ex parte order-Notice is not issued to email address provided by assessee in Form 35 or on email address provided in profile information-Order of CIT(A) is set aside and matter remanded back to adjudicate appeal afresh. [Form No 35]

Farhan Majid Dar. v. ITO (2024) 207 ITD 430 (Amritsar) (Trib.)

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Pre-deposit of tax-Advance tax-No taxable income-No obligation to pay advance tax-Order of CIT(A) refusing to admit appeal for hearing for non-payment of tax as per provisions of section 249(4)(b) is set aside-Directed to decide the appeal on merits.[S. 208, 249(4)(b)]

Balwinder Singh. v. ITO (2024) 207 ITD 400 (Amritsar) (Trib.)

S. 244A : Refunds-Interest on refunds-Dividend Distribution Tax-Interest under section 244A is to be granted on refund of Dividend Distribution Tax (DDT).[S. 154, 156]

Piem Hotels Ltd. v. ACIT (2024) 207 ITD 736 (Mum.) (Trib.)

S.234E: Fee-Default in furnishing the statements-Position prior to 31-3-2015-Quarterly TDS statement-No enabling provision under section 200A for raising demand in respect of levy of fee under section 234E for a period prior to 31-03-2015. [S.200A, Form No 24Q]

Commander Works Engineers. v. ITO (2024) 207 ITD 152 (Amritsar) (Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Year of allowance of TDS credit-Income offered-Credit is to be granted. [R.37BA]

Interglobe Technology Quotient (P.) Ltd. v. ACIT (2024) 207 ITD 360 (Delhi) (Trib.)

S. 197 : Deduction at source-Certificate for lower rate-New TAN-Assessee had deducted TDS at rates prescribed in certificates and had complied with necessary requirements of their deposit and filing of returns, assessee could not be treated as assessee in default merely on ground that certificates had not been issued on subsequent TAN obtained by assesse.[S. 197(2), 204, R. 28AA, Form No.26Q]

Rotex Manufacturers & Engineers (P.) Ltd. v. DCIT (2024) 207 ITD 726/232 TTJ 536 (Mum) (Trib.)

S. 194LBC : Investment in securitization trust-Deduction of tax at source-Payment to originator, as per RBI guidelines-Originator was neither a holder of any securitized debt instrument, securities or security receipts-It could not be regarded as an investor-Payment made to originator was not covered within purview of section 194LBC-Not liable to deduct tax at source. [S.201(1),201(IA)]

ITO (TDS) v. Syamantaka IFMR Capital 2017 (2024) 207 ITD 423 (Mum) (Trib.)

S. 154 : Rectification of mistake-Mistake apparent from the record-Amounts not deductible-Deduction at source-Second proviso to section 40(a)(ia) which came into effect from 01-04-2013 was retrospective in operation-Jurisdictional High Court-Rectification application is allowed.[S.40(a)(ia)]

Backbone Tarmet NG JV. v. ITO (2024) 207 ITD 50 (Ahd) (Trib.)