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. 40(a)(ia) : Amounts not deductible-Deduction at source-Provision for expenses-No disallowance is to be made for failure to deduct tax at source-Tax was deducted when payment was made-Deletion of disallowance is justified. [S. 37(1), 145]

PCIT v. Rediff.Com India Ltd. (Bom.)(HC)(UR)

Voluntary Disclosure of Income Scheme, 1997 (Finance Act, 1997, (1997) 225 ITR 113 (St) (141)
S. 68 : Voluntary disclosed income not to be included in the total income-Voluntary disclosed income not to affect finality of completed assessment-Tax in respect of voluntary disclosed income not refundable-Assessee cannot seek to reopen assessment of income disclosed under scheme-Not entitled to refund of tax paid-Cannot disclose part of his income under scheme and disclose balance in a belated return. [S. 64, 69, 70, IT Act, S. 139, 264]

Subhash Chandra v. CIT (2022) 448 ITR 152 / 212 DTR 315 / 326 CTR 36 (MP.)(HC)

Benami Transactions (Prohibition) Act, 1988,
S. 24 : Attachment, adjudication and confiscation-Search and Seizure-Benami Transactions-Provisional Attachment of property-Order for continuation of provisional attachment till final order of adjudicating authority-Failure to provide opportunity of cross examination-Dismissal of writ petition-No statutory provision stipulating providing of cross-examination of w itnesses-No violation of Principles of natural justice-Writ petition dismissed-All contentions of appellants to be raised before adjudicating authority during proceedings. [S. 24(1), 24(4), 24(4)(a)(i), 26(3), IT Act, S. 132, Art. 226]

Marg Projects and Infrastructure Ltd. v Dy. CIT (Benami Prohibition) (2022)448 ITR 649 (Mad) (HC) Marg Capital Markets Ltd v Dy. CIT (Benami Prohibition) (2022) 448 ITR 649 (Mad.) (HC) Venus Meridian Agencies Pvt. Ltd. v. Dy. CIT (Benami Prohibition) (2022) 448 ITR 649 (Mad.)(HC) Global Infoserv Ltd. v. Dy. CIT (Benami Prohibition) (2022) 448 ITR 649 (Mad.)(HC) Marg Realities Ltd. v. Dy. CIT (Benami Prohibition) (2022) 448 ITR 649 (Mad.)(HC) Editorial : Decision of single judge in Marg Realities Ltd v Dy. CIT (Benami Prohibition) 448 ITR 574 (Mad)(HC) affirmed.

Gift tax Act, 1958.

S. 4 : Gifts to include certain transfers-Deemed gift-Valuation of shares-Lock-in period-Shares not quoted shares, although companies listed-Valuation to be according to Schedule III to Wealth-Tax Act taking restrictions on transfer into account. [S. 4(1)(a), 4(1)(b), 6(1), Wealth-Tax Act, 1957, Sch. III, Part A, R. 2(9), Part C R. 11), Part H, R. 21]

Dy. CIT, Gift-Tax v. BPL Ltd. (2022) 448 ITR 739 / 218 DTR 513 / 329 CTR 190 / (2023) 290 Taxman 6 (SC) Editorial: BPL Ltd v. Dy. CGT (2007) 293 ITR 321 (Karn)(HC), affirmed.

Expenditure tax Act, 1987.

S. 21 : Revision-Notice-Notice can be issued only by Commissioner-Notice issued by Assistant Commissioner-Not Valid-Principles of natural justice-Principle of waiver cannot be invoked so as to confer jurisdiction.

CIT v. Alcon Resort Holding Ltd. (2022) 448 ITR 127 (Bom.)(HC)

Black Money (Undisclosed Foreign Income and Assets) and Imposition Act, 2015

S. 50 : Penalty-Undisclosed Foreign income and assets-Offences and prosecution-Failure to furnish information relating to foreign income or assets in income-tax return-Time limit-Law applicable-Amendment of Section 139(5) with effect from 14-5-2016-Revised return can be furnished within one year of relevant assessment year or before completion of assessment-Revised return filed before expiry of limitation-Prosecution not valid. [S. 4, IT Act, 6, 132, 139(5) Code of Criminal Procedure, S. 200]

K. Mohammed Haris v. Income-Tax Department (2022) 448 ITR 707 (Karn.)(HC)

S. 276CC : Offences and prosecutions-Failure to furnish return of income-Compounding of offence not an absolute right but to be allowed based on facts and circumstances-Absence of assessee in India or communication gap between assessee and her representative not ground to quash prosecution. [S. 131(IA), 139(1), 276C(1), 278E, Code of Criminal Procedure, 1973, 200, 482]

Anjuga Selvi Alagiri (Smt.) v. Dy. DIT (Inv.) (2022)448 ITR 169/ 289 Taxman 326 (Mad.)(HC)

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Search and seizure-Penalty affirmed by Tribunal-Order of Tribunal set aside by Court-Criminal prosecution quashed [S. 132, 271(1)(c), 276C(1), 276C(2), 276CC]

S. M. J. Housing v. ACIT (2022) 448 ITR 165 (Mad.)(HC)

S. 275B : Offences and prosecutions-Search and seizure-Facility to inspect books of account-Documents-Wilful attempt to evade tax-Denial of adequate facility to the authorised officers empowered under section 132 of the Act were non-cognizable and bailable-Chief executive of the company a Chinees national with jo assets or family in India-Look-Out Circular-No extradition treaty with China-Individual being flight risk-Additional directions issued to deposit Rs 5 crores. [S. 132, 123(9B), 276C, 278B]

Dy. CIT (Inv.) v. Xiongwei Li (2022)448 ITR 193 (Delhi)(HC)

S. 275A : Offences and prosecutions-Prohibitory order-Contravention-Power to quash first information report-First information report could not be quashed. [S. 132(3), Code Of Criminal Procedure, 1973, S. 155(2)]

H.D.F.C. Bank v. State of Bihar (2022) 448 ITR 103 (Pat.)(HC)/Editorial : Order of High Court is quashed , HDFC Bank Ltd. v State of Bihar (2024)468 ITR 650 / 167 taxmann.com 600 (SC)