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-Subsidy-Capital or revenue receipt-Order of Tribunal set aside and the Assessing Officer is directed to pass a fresh order based upon his independent analysis whether the anount received by way of subsidy is a capital or revenue nature. [S. 4]

PCIT v. LG Electronics India (P) Ltd. (2022) 443 ITR 46/ 134 Taxman 329 (Delhi)(HC) Editorial : SLP of the assessee is dismissed; LG Electronics India (P) Ltd v. PCIT (2022) 443 ITR 45 / 285 Taxman 88 / 212 DTR 81/ 325 CTR 704 (SC)

S. 197 : Deduction at source-Certificate for lower rate-Education service-American university-e-platform operator-Equalisation levy at rate of 2 per cent on receipts from its Indian customers-Directed to pass a denovo order-DTAA-India-USA [S. 9(1) 10(5) Art. 12(5)(c)]

Coursera Inc. v. ITO TDS (2022) 285 Taxman 6 / 210 DTR 101 / 325 CTR 237 (Delhi)(HC)

S. 197 : Deduction at source-Certificate for lower rate-Shipping, inland waterways transport and air transport-Nil rate of with holding tax certificate-DTAA-India-Ireland. [S. 9(1)(i), Art. 8]

Celestial Aviation Trading 64 Ltd v. ITO (IT) (2022) 285 Taxman 43/ 209 DTR 377/ 324 CTR 567 (Delhi) (HC)

S. 194A : Deduction at source-Interest other than interest on securities-Interest payable under an award of Motor Accident Claims Tribunal-Petitioner is not aggrieved-Petition not entertained as public interest. [S. 194A(3)(ixa)]

Amit Sahni v. UOI (2022) 285 Taxman 83/ 212 DTR 83/ 325 CTR 703 (SC)

S. 153A : Assessment-Search or requisition-Excise Officials while conducting vehicle inspection at check post, found that assessee was carrying cash of Rs. 50 lakhs without any proper supporting documents-F.I.R. was registered and amount was also seized and deposited with Court of Judicial Magistrate First Class-Inspector of Police, Income-tax authorities had issued summons to assessee under section 131, seeking to explain source of said amount-Proceedings were inisiated by the revenue Authorities-Petition was filed to hand over the cash seized to the tax officials-Petition was allowed [S. 132A, 132B, Criminal Procedure Code, 1973 S. 451]

UOI v. State of Kerala (2022) 285 Taxman 677 / 443 ITR 117 / 215 DTR 407 (Ker.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Writ petition filed by assessee challenging consequential notice issued under section 148 on 30-6-2021-Notice issued [S. 148, Taxation and Other laws. (Relaxation and Amendment of Certain Provisions) Act, 2020, S. 3(1), Art. 226]

Bharti Hiren Uttamchandani v. UOI [2022] 285 Taxman 385 (Guj.)(HC)/Shilp Associates. v. UOI(2022) 286 Taxman 242 (Guj)(HC)

S. 147 : Reassessment-With in four years-Change of opinion-Information from investigation wing-Reassessment was quashed. [S. 143(3), 148]

PCIT v. Sheetal Dushyant (2022) 134 Taxman 327 (Bom.) (HC) Editorial : SLP of revenue is dismissed; PCIT v. Sheetal Dushyant (2022) 285 Taxman 85 (SC)

S. 147 : Reassessment-After the expiry of four years-Non-compete fee-Capital gains or business income-Material was available at the time of oeiginal assessment-Reassessment notice is held to be not valid. [S. 28(va), 45, 148, Art. 226]

Placid Ltd. v. ACIT(2022) 285 Taxman 387/ 329 CTR 795/ 220 DTR 73 (Cal.)(HC)

S. 147 : Reassessment-After the expiry of four years-Scientific research expenditure-Petition was withdrawn [S. 35(1)(ii), 148, Art. 226]

Joshi Technologies International Inc. v. ACIT (2022) 285 Taxman 479 (Guj.)(HC)

S. 145 : Method of accounting-Valuation of closing stock-Estimation of gross profit-Produced books of account-Order of Assessing Officer set aside. [S. 133A, 143(3)]

Subhendu Kumar Subudhi v. CIT (2022) 285 Taxman 693 / 136 taxmann.com 87 /211 DTR 178 /325 CTR 357 (Orissa)(HC)