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-Hospitals-Philanthropic purposes-Interest income from investment-Incurred only 12 per cent of receipts for philanthropic purposes and accumulated 88 per cent of its receipts-Eligible for exemption-Revision is held to be not valid. [S. 10(23C)(iiiae)]

Swasthya Sewa Sansthan v. CIT(E) (2022) 194 ITD 444 (Kol.) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Bank deposit-Senior citizens-Cash deposited out of past savings-All explanations and documents from assessee had been scrutinized and examined by Assessing Officer, in such scenario order of assessment could not be held to be erroneous and prejudicial to interest of revenue. [S. 68]

Shergil Harjit v. PCIT (2022) 194 ITD 218 (Pune)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Specific domestic transaction-Order passed without referring domestic transaction to TPO-Section 92BA(i) was unconditionally omitted without a saving clause-Revision is not valid. [S. 92BA(i)]

Automark Industries (India) (P.) Ltd. v. PCIT (2022) 194 ITD 172 (Nagpur)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex parte order-Matter remanded to the Assessing Officer to do deno assessment. [S. 143 (3)]

Shree Naurang Godavari Entertainment Ltd. v. ACIT (2022) 194 ITD 431 / 216 TTJ 853 / 212 DTR 129 (Mum.)(Trib.)

S. 244A : Refunds-Interest on refunds-Delay in payment of interest on account of technical reasons-Entitle to interest only interest on income tax refund due to assessee upto date of payment.

Elgi Ultra Industries Ltd. v. DCIT (2022) 194 ITD 698 / 215 TTJ 539/ 209 DTR 177(Chennai) (Trib.)

S. 221 : Collection and recovery-Penalty-Chartered flying of small aircrafts-Tax in default-Financial difficulties-Not remitting the tax deducted at source. [S. 195]

Deccan Charters (P.) Ltd. v. DCIT (TDS) (2022) 194 ITD 59 (Bang.)(Trib.)

S. 207 : Advance tax-Salary income-Tax deducted at source-Not liable to pay advance tax. [S. 143(1), 192, 207(2), 208, 234B, 234C]

Jayantilal D. Ray v. ACIT (2022) 194 ITD 713 (Ahd.)(Trib.)

S. 201 : Deduction at source-Failure to deduct or pay-Deducted at the time of payment Amounts not deductible-Deduction at source-Non-resident-Once an amount is disallowed for non-deduction of tax, it cannot be subject to TDS provisions again so as to make assessee liable to interest under section 201(1A) of the Act. [S. 40(ia), 40(a)(ia), 201(1), 201(IA)]

Robert Bosch Engineering and Business Solutions (P.) Ltd. v. ITO (2022) 194 ITD 340 (Bang.)(Trib.)

S. 201 : Deduction at source-Failure to deduct or pay-Deducted at the time of payment-Deposited subsequent year-Assessee cannot be treated as assessee in default. [S. 201(1), 201(IA)]

Robert Bosch Engineering and Business Solutions (P.) Ltd v. ITO (2022) 194 ITD 340 (Bang.)(Trib.)

S. 201 : Deduction at source-Failure to deduct or pay-Survey-Rural bank-Non submission of Form 15G and Form 15H-Collected more than 75 percent of Forms-Order levying interest is set aside. [S. 133A, 197A, 201, 201(IA), Form No 15G, 15H, Regional Rural Banks Act]

Saptagiri Grameena Bank v. ITO TDS (2022) 194 ITD 52 (Hyd.) (Trib.)