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. 271AAB : Penalty-Search initiated on or after 1st day of July 2012-Surrender of income-Neither surrendered income nor penalty was initiated on the basis of undisclosed income found during search-Levy of penalty is not valid. [S. 132]

Chandra Suresh Kothari v. DCIT (2022) 193 ITD 547 (Nagpur) (Trib.)

S. 271(1)(c) : Penalty-Concealment-Not referring specific charge in the notice or assessment order-Levy of penalty is not valid.

Chandra Suresh Kothari v. DCIT (2022) 193 ITD 547 (Nagpur) (Trib.)/Unicare Developer and Infrastructure Pvt. Ltd. v. ITO (2022)93 ITR 55 (SN)(Delhi) ( Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Business expenditure-Corporate social responsibility expenses-Amendment brought by way of Explanation 2 to section 37(1) by Finance Act, 2014, with effect from 1-4-2015 is not retrospective in nature-Revision is held to be not valid. [S. 37(1)]

Garden Reach Ship Builders & Engineers Ltd. v. PCIT (2022) 193 ITD 649 (Kol.)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Assessee could not level baseless allegations against CIT(A)-Matter remanded. [S. 250]

Abdul Wahab v. ITO (2022) 193 ITD 746 (SMC) (Delhi)(Trib.)

S. 234E : Fee-Default in furnishing the statements-Amendment in section 200A by way of insertion of clause (c) was only with effect from 1-6-2015-Levying late fee for period prior to 1-6-2015 is not valid. [S. 200A]

Bhaskar Roy v. ITO (2022) 193 ITD 668 (Kol.)(Trib.)

S. 195 : Deduction at source-Non-resident-Income deemed to arise in India-Computer software through EULA/distribution agreement, is not payment of royalty for use of copyright in computer software and, thus, same does not give rise to any income taxable in India-Not liable to deduct tax at source-DTAA-India-USA. [S. 9(1)(vi), Copy Right Act, 1957, S. 14(a), 14(b), 52(1)(aa), Art. 12(4)(b)]

Bain & Company India (P.) Ltd. v. ITO (TDS) (2022) 193 ITD 787 (Delhi)(Trib.)

S. 195 : Deduction at source-Non-resident-Transponder service fee-Not in nature of royalty in hand of recipient-Not liable to deduct tax at source. [S. 9(1)(vii), 195(2)]

ACIT (IT) v. Viacom18 Media (P.) Ltd. (2022) 193 ITD 716 (Mum.) (Trib.)

S. 154 : Rectification of mistake-Unutilisation of MODVAT-Order of Assessing Officer and Commissioner (Appeals) got merged with order of Tribunal-Rejection of rectification application is justified [S. 254(1)]

Khyati Chemicals (P.) Ltd. v. DCIT (OSD) (2022) 193 ITD 446 (Ahd.)(Trib.)

S. 154 : Rectification of mistake-Interest-Compensation on Agricultural land-Failure to claim statutory deduction-Mistake apparent hence amenable for rectification. [S. 57(iv), 143(1)]

Dhanesh Kumar Jain v. ACIT (2022) 193 ITD 1 / 220 TTJ 113/ 218 DTR 307 (Delhi)(Trib.)

S. 145 : Method of accounting-Real estate business-Percentage completion method-Not justified in rejecting the method of accounting followed by the Assessee.

Peninsula Land Ltd. v. DCIT (2022) 193 ITD 366 (Mum.)(Trib.)