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. 271(1)(c) : Penalty-Concealment-Depreciation-levy of penalty is not justified. [S. 32, 8HHC]

PCIT v. Intas Pharma Ltd. (2022) 441 ITR 141 (Guj.)(HC)

S. 260A : Appeal-High Court-Observation that certain grounds are not pressed-Directed to file rectification application before the Income-tax Appellate Tribunal. [S. 254(1), 254(2)]

Betoking Ltd. v. CIT(IT) (2022) 441 ITR 46 (Delhi)(HC)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Penny stock-Monetary limits for appeals by department-Appeal not filed in terms of Special order of Board-Dismissal of appeal due to low tax effect-Order of Tribunal is affirmed-Writ of revenue is dismissed. [Art. 226]

PCIT v. Harish Keshavlal Patel (2022) 441 ITR 431 (Guj.)(HC)

S. 240 : Refund-Appeal effect order-Directions to refund with interest.

Mosaic India Pvt. Ltd. v. PCIT (2022) 441 ITR 404 (Delhi)(HC)

S. 226 : Collection and recovery-Modes of recovery-Attachment of properties and Bank accounts and stock-in-trade-Pendency of appeal before Appellate Tribunal-Directed to with draw attachment on deposit of 20 percent of demand-Bank directed to withhold 50 percent of deposits. [S. 153C, 226(3) 254(2A), Art. 226]

Joji Reddy Yeruva v. PCIT (2022) 441 ITR 137 /138 taxmann.com 481(Telangana)(HC)

S. 158BD : Block assessment-Undisclosed income of any other person-Incriminating material is found-Amount received much before release of film-Addition of amount waived as undisclosed income-Held to be proper. [S. 132, 158BC]

Pyramid Films International v. Dy.CIT (2022) 441 ITR 387 (Mad.)(HC)

S. 154 : Rectification of mistake-Setting Off of unabsorbed losses of earlier years-Rectification of order in accordance with supreme court ruling-Law laid down by Supreme Court binding. [S. 80HHC]

Lakshmi Mills Co. Ltd. v. ACIT (2022) 441 ITR 594 (Mad.)(HC)

S. 148 : Reassessment-Objections raised-Not disposed by Assessing Officer-Matter remanded to the Assessing Officer to dispose of objections by speaking order [S. 143(2),147, Art, 226]

Jothi Malleables P. Ltd. v. ACIT (2022) 441 ITR 70 (Mad.)(HC)

S. 148 : Reassessment-Notice-Participated in reassessment proceedings Final decision is not taken-Writ is premature-Dismissed. [S. 147, Art. 226]

Exotica Promoters LLP v. ITO (2022) 441 ITR 533 (Gauhati)(HC)

S. 148 : Reassessment-Notice-Death of the assessee-Notice issued in the name of deceased-Assessment order and consequent notices are set aside. [S. 144B, 147, 221(1), 271(1)(b), Art. 226]

Dharamraj v. ITO (2022) 441 ITR 462 (Delhi)(HC)