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-Order passed after enquiry-Order not erroneous-Free trade zone-Not necessary to maintain separate books of accounting for export unit-Circular and instructions-Binding on Income-Tax Authorities. [S. 10A, 119]
Virtusa Consulting Services Pvt. Ltd. v. Dy. CIT (2022) 442 ITR 385 (Mad.)(HC)
S. 254(2A) : Appellate Tribunal-Stay-Delay in proceedings not attributable to assessee-Tribunal has the power to grant stay even beyond period of 365 days. [S. 254(1)]
PCIT v. Michelin India Pvt. Ltd. (2022) 442 ITR 268 (Mad.)(HC)
S. 245A : Settlement Commission-Cessation of Settlement Commission-Pendency of proceedings as on 31-1-2021-Constitutional validity of provision-Directions are issued to consider the applications by the Interim Board would be if the proceedings were pending as on January 31, 2021. [S. 245C, Art. 14, 19(1)(g), 20(2), 21, 226]
Pitchai Rajagopal Shiva Kumaar v. UOI (2022) 442 ITR 33 / 212 DTR 401 / 326 CTR 219 (Mad.)(HC)
S. 245D : Settlement Commission-Violation of principle of natural justice-No opportunity is given to raise objections to order-Order of Settlement Commission is set a-side. [S. 245C, 245D(3), 245D(4), Art. 226]
Swamina International Pvt. Ltd. v. ITSC (2022) 442 ITR 343 / 286 Taxman 26/ 214 DTR 175 / 327 CTR 684(Cal.)(HC)
S. 245 : Refund-Set off of refunds against tax remaining payable–Opportunity of hearing not provided before adjustment-Entitled to refund of adjustments in excess of 20 Per Cent. [S. 156, 220, 227, Art. 226]
Ramesth Constructions Pvt. Ltd. v. Dy. CIT (2022) 442 ITR 181 / 209 DTR 462 / 324 CTR 337 (Delhi)(HC)
S. 244A : Refund-Interest on refunds-Deduction of tax at source-Excess deduction-Interest payable to deductor-Interest to be calculated from payment of tax. [S. 195(2)]
Rohan Developers Pvt. Ltd. v. ITO(IT). (2022) 442 ITR 404 / 211 DTR 164 / 325 CTR 395 (Bom.)(HC)
S. 237 : Refunds-Reassessment-Failure to file returns within time-Notice of reassessment must be issued-Procedure laid down in Income-Tax Act must be followed by Income-Tax Authorities-Directed to examine the claim of refund within a period of three months. [S. 119, 147, 148, Art. 226]
R. Pannerselvam v. PCIT (2022) 442 ITR 376 (Mad.)(HC)
S. 220 : Collection and recovery-Assessee deemed in default-Adjustment of refund in excess of 20 Per Cent of tax in dispute-Held to be not valid-Directed to refund adjustment made in excess of 20 per cent-Stay granted till disposal of appeal by CIT(A). [S. 156, 220(6), 245, Art. 226]
Aditi Infrabuild and Services Ltd. v. ACIT (2022) 442 ITR 50 (Delhi) (HC)
S. 192 : Deduction at source-Salary-Failure to deduct ta at source-Plea of bona fide belief based on circular issued by employer for its own use-No clarification by Income-Tax Authorities-Levy of interest is valid. [S. 10(5), 133A, 201(1), 201(1A), R. 2B]
State Bank of India v. ACIT (TDS) (2022) 442 ITR 363 (Karn.)(HC)