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. 194J : Deduction at source-Fees for professional or technical services-Payment made for acquiring land for implementation of Bangalore Metro Rail Project-Assessee in default-Failure to deduct tax at source-Matter remanded to the Tribunal to determine whether payments made KIDB included service charges. [S. 201(1), 201(IA)]

Bangalore Metro Rail Corpn. Ltd v. Dy CIT (2022) 284 Taxman 326 / 209 DTR 237 / 324 CTR 378 (Karn.)(HC)

S. 194A : Deduction at source-Interest other than interest on securities-Entitlement of interest amount to awarded amount was only Rs. 7000 per claimant. i.e. below threshold limit of Rs. 50,000-Directed to release the amount without deduction of tax at source. [S. 194(3)(ixa)]

Oriental Insurance Company Ltd. v. Abdul Rehman Lone (2022) 28 4 Taxman 125 (J&K & Ladakh)(HC)

S. 153A : Assessment-Search or requisition-No incriminating material-Addition cannot be made. [S. 132]

PCIT v. Param Dairy Ltd (2021) 133 taxmann.com 147 (Delhi)(HC) Editorial: Notice issued in SLP filed by the revenue ; PCIT v. Param Dairy Ltd. (2022) 284 Taxman 378 (SC)

S. 153A : Assessment-Search or requisition-In the absence of incriminating material merely on the basis of statement recorded of third person without providing an opportunity of cross examination-Addition cannot be made. [S. 132(4), 153C]

PCIT v. Anand Kumar Jain (2021) 133 taxmann.com 288 (Delhi)(HC) Editorial: Notice issued in SLP filed by the revenue ; PCIT v. Anand Kumar Jain (2022) 284 Taxman 633 (SC)

S. 153A : Assessment-Search or requisition-Deemed dividend-No incriminating material-Addition cannot be made. [S. 2(22)(e)]

PCIT v. Gaurav Arora (2021) 133 taxmann.com 292 (Delhi)(HC) Editorial : Notice is issued in SLP filed by the revenue, PCIT v. Gaurav Arora (2022) 284 Taxman 629 (SC)

S. 148 : Reassessment-Notice-Constitutional validity-Without following the procedure-Issue of notice is held to be valid. [S. 147, 148A, 149, 151, 151A, 153, 292 Relaxation of Certain Provisions) Act, 2020 (TOLA), S. 3(1) of the Act 38 of 2020, Art. 226]

Labtund Infrastructure (P.) Ltd. v. P CIT (2022) 284 Taxman 399 (Chhattisharh)(HC) Ashok Kumar Agrawal v. UOI (2022) 284 Taxman 342 (Chhattisgarh)(HC)/Sanjay Agrawal v.PCIT( 2022) 285 Taxman 576 (Chhattisgargarh)(HC)

S. 147 : Reassessment-Unexplained money-Rotation of undisclosed income-FIR filed by CBI-Writ petition was withdrawn. [S. 69A, 148, Art. 226]

Satva Merchandize (P.) Ltd. v. ITO (2022) 284 Taxman 336 (Guj.)(HC)

S. 147 : Reassessment-With in four years-Deduction at source-Non-resident-Foreign currency loan-Guarantee interest-Material available was not taken in to consideration in original assessment proceedings-Re assessment notice was held to be valid. [S. 148, 195, Art. 226]

Cairn India v. Dy. DIT(IT) (2022) 284 Taxman 68 (Mad.)(HC)

S. 147 : Reassessment-With in four years-Income from other sources-Valuation of shares-Order of single judge allowing the writ petition is affirmed. [S. 56(2)(viib), 148, Art. 226]

ITO v. Shivsu Canadian Clear Waters Ltd. (2022) 284 Taxman 660/ 214 DTR 254/ 327 CTR 345 (Mad.)(HC)

S. 147 : Reassessment-After the expiry of four years-Investment in residential house-All documents pertaining to three properties were furnished in the course of original assessment proceedings-Reassessment notice was quashed. [S. 54F, 148, Art. 226]

Janaki Mohan v. ITO (2022) 284 Taxman 148 (Mad.)(HC)