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. 4 : Charge of income-tax-Carbon credit-Capital or revenue-Receipt from sale of carbon credit was a capital receipt and hence not liable to tax. [S. 28(i)]

PCIT v. Chemplast Sanmat Ltd. (2022) 142 tamann.com 515(Mad.)(HC) Editorial: Notice issued in SLP filed by Revenue,PCIT v. Chemplast Sanmat Ltd. (2022) 289 Taxman 168 (SC)

S. 2(22)(e) : Deemed dividend-Unsecured loan from group company-Paid back with interest in same year-Deletion of addition is valid. [S. 260A]

PCIT v. Govind Promoters (P.) Ltd. (2022) 289 Taxman 42 (Cal.)(HC)

S. 2(14)(iii) : Capital asset-Agricultural land-Capital gains-agricultural lands converted for non-agricultural purpose-lands did not fall within 8 kms from Municipality of Bangalore-Continued agriculrural operation-Mere inclusion of land in Special Zone without any infrastructure development does not convert land into non-agricultural land-Not liable to capital gain tax. [S. 45]

CIT v. M.R. Anandaram (HUF) (2022) 289 Taxman 121 / 216 DTR 432/ 328 CTR 90/(2023) 450 ITR 94 (Karn.)(HC)/Editorial: SLP of Revenue is dismissed , CIT v. M.R. Anandaram ( 2023) 453 ITR 757 ( SC)

S. 115JB : Book profit – Banking Companies – Prior to amendments by Finance Act , 2012 ,provision is not applicable to Banking companies . [ Banking Regulation Act, 1949 ]

PCIT v. Central Bank of India. (2022 ) 142 taxmann. com 183 ( Bom)(HC) Editorial: Notice was issued in SLP filed by Revenue , PCIT v. Central Bank of India. (2022) 289 Taxman 1 (SC)

Direct Tax Vivad Se Vishwas Act, 2020
S. 4: Filing of declaration and particulars to be furnished – Depositing the challan under minor head ‘200’ instead of ‘400’ -Directed to give credit and issue revised Form No 3 [ Art , 226 ]

Celerity Infrastructure (P.) Ltd. v. DCIT (2022) 289 Taxman 262 / 216 DTR 321/ 327 CTR 765 /( 2023) 456 ITR 175 (Delhi)(HC)

S. 147: Reassessment – After the expiry of four years – Verification tax residency certificate issued by other jurisdiction – For determining residential status, treaty eligibility and legal ownership – bad in law – Reassessment Notice quashed- DTAA-India – Singapore .[S. 143(1), 148, Art, 13(4), Art , 226 ]

Blackstone Capital Partners (Singapore) VI FDI Three Pte. Ltd. v. ACIT (Delhi)(HC) www.itatonline .org

S. 147: Reassessment – After expiry of four years – Income from other sources – Income from house property -Query had been raised regarding loan taken and utilisation thereof during assessment proceeding and answered – Reopening of assessment to disallow interest on such loan -Change of opinion reassessment notice and objection disposing the objection was quashed [ S. 24(3), 56 , 148 , Art , 226 ]

Nishith Madanlal Desai v.CIT ( 2022) 218 DTR 268 / 139 Taxman 52 ( Bom)( HC)

S. 245 : Refund-Set off of refunds against tax remaining payable-Adjustment made without prior intimation is held to be bad in law. [Art. 226]

Greatship (India) Ltd. v. ACIT (2022) 289 Taxman 334 (Bom.)(HC). www.itatonline.org

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Company-Principal officer-Discharge affirmed by High Court-On submission by assessees order of discharge set aside and direction for trial to proceed keeping all defences available to accused open. [S. 2(35), 278B]

ITD v. Jenious Clothing Pvt. Ltd. (2022) 449 ITR 575 / (2023) 146 taxmann.com 52 (SC)

S. 271C : Penalty-Failure to deduct at source-Reasonable cause-Supplementary commission-Airline-Different views High Courts-Levy of penalty is quashed. [S. 194H, 273B, Contract Act, 1872, S. 182, 215, 216]

Singapore Airlines Ltd. v. CIT (2022) 449 ITR 203 / 329 CTR 553 / 220 DTR 1/((2023) 290 Taxman 139 (SC) KLM Royal Dutch Airlines v. CIT (2022) 449 ITR 203 / 329 CTR 553 / 220 DTR 1 (SC) British Airways PLC v. CIT (TDS) (2022) 449 ITR 203 / 329 CTR 553 / 220 DTR 1 (SC)