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. 68 : Cash Credits – Penny Stock –Capital gains – Shares with increased value of about 2823% -Genuineness of price hike to be established – Onus on the assessee- Order of Tribunal is reversed – Addition as cash credit is affirmed – Revision is held to be valid . [S. 10(38], 45, 263 ]

PCIT v. Swati Bajaj and Ors ( 2022) 446 ITR 56 /288 Taxman 403 / 216 DTR 25/ 327 CTR 496( Cal )( HC) www.itatonline .org Editorial : Refer Udit Kalra v.ITO( Delhi) (HC) (2019)) 176 DTR 249/ 308 CTR 50 ( Delhi) (HC)/CIT v. Shyam R.Pawar ( 2015) 229 Taxman 256 ( Bom)( HC)

S. 281 : Certain transfers to be void-Priority of debt-Mortgage executed prior to initiation of action by department-Matter to be investigated by Tax Recover Officer. [S. 226, Rule, 11, Schedule II Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Recovery of Debts and Bankruptcy Act, 1993]

State Bank of India v. TRO (2022) 441 ITR 516 (Mad.)(HC)

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Survey-Capital gains-Penalty deleted-Prosecution quashed. [S. 45, 54B, 54F, 148, 271(1)(c), 277]

H. Ameerdeen v. ITO (2022) 441 ITR 604 / 210 DTR 201 / 326 CTR 554 / 286 Taxman 313 (Mad.)(HC)

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)