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. 143(3) : Assessment-Revision order is quashed by Tribunal-Assessment order became infructuous. [S. 143(3), 254(1)]

ACIT v. Tata Housing Development Company Ltd. (2024) 207 ITD 141 (Mum) (Trib.)

S. 143(2) : Assessment-Notice-Cash credits-Reassessment-Failure to issue statutory notice-Order is bad in law-Not curable defects.[S.68, 143(3) 147, 148, 292BB]

Ashish Sharma. v. ITO (2024) 207 ITD 386 (Amritsar) (Trib.)

S. 143(1) : Assessment-Intimation-Penalty-Tax auditor had categorized amount in question as penalty-Prima facie disallowable under section 143(1)(a)(iv)-AO is not required to pass a speaking order for said adjustment made in strict terms-Matter remanded the matter to the file of CIT(A) to deciding a fresh on merit. [S.37(1), 143(1)(a)(iv)]

Joyo Plastics. v. ACIT (2024) 207 ITD 598 / 231 TTJ 918/242 DTR 225 (Mum) (Trib.)

S. 143(1) : Assessment-Intimation-Appealable before Commissioner (Appeals)-Additions for ICDS and Any sum received from employees-Scrutiny assessment maintaining disallowance made under Section 143(1)-Challenged before CIT(A) against the order under section 143(3)-Failure to adjudicate additions/disallowance made under S.143(1)-Order of CIT(A) is affirmed-For challenging an intimation the assessee should file an appeal before the First Appellate Authority under S. 246A.[S.36(1)(va), 143(3),246A]

Alubound Dacs India (P.) Ltd. v. DCIT (2024) 207 ITD 393/232 TTJ 547/243 DTR 195 (Mum) (Trib.)

S. 120 : Jurisdiction of income-tax authorities-No order is passed transferring the jurisdiction-Order is set aside.[S.2(7A), 120(4)(b) 127, 144C(13)]

ITO (IT) v. Tata Steel Ltd. (2024) 207 ITD 345 /230 TTJ 717/240 DTR 233 (Mum) (Trib.)

S. 90 :Double taxation relief-Rate applicable to domestic companies-Non-discrimination clause-Higher rate of tax prescribed for foreign company is not to be regarded as violation of non-discriminatory clause, i.e., article 26 of DTAA between India-France. [Art. 26]

BNP Paribas. v. ACIT (2024) 207 ITD 532 (Mum) (Trib.)

S. 90 : Double taxation relief-Tax credit-Tax paid in Kenia-Rule 128 was inserted by Income-tax (18th Amendment) Rules, 2016 and was made applicable with effect from 1-4-2017,-Could not be made applicable for relevant assessment years-Claim is allowed-DTAA-India-Kenia [S.91, R. 128, Form No 67, Art. 25]

KEC International Ltd. v. DCIT (2024) 207 ITD 193 (Mum) (Trib.)

S. 90 :Double taxation relief-Rule 128 is directory in nature and not mandatory and, thus, foreign tax credit could not be denied to assessee merely on ground that Form No. 67 was filed belatedly.[Rule 128, Form No 67]

DCIT v. Prabha Nageshwar Rachakondawar. (2024) 207 ITD 162 (Nagpur) (Trib.)

S. 80P : Co-operative societies-Interest-Co-Operative banks-Interest income not attributable to main business-Deduction is not allowable-Interest on investment made in Co-Operative banks-Eligible for claim of its cost of funds on entire interest income-Matter remanded. [S. 57, 80P(2)(a)(i), 80P(2)(d)]

Saptagiri Pattina Souharda Sahakari Sangha Niyamitha. v. ITO (2024) 207 ITD 41 (Bang) (Trib.)

S. 80JJAA : Employment of new workmen-Audit report-Claim of deduction cannot be denied even if audit report might not have been filed along with return of income however the report was filed before passing of assessment order. [S. 139(1), 139(4), 143(1), Form No 10DA.]

Akuntha Projects (P.) Ltd. v. Deputy Director-CPC (2024) 207 ITD 82 (Ahd) (Trib.)