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. 194H : Deduction at source-Commission or brokerage-Telecommunications service provider-Sale of recharge voucher coupons and starter kits and discount to distributors-Principal too principal basis-Not liable to deduct tax at source-Precedent-Tribunal not bound by decisions of High Courts other than jurisdictional High Court. [S. 201(1), 201(IA)]

ITO (TDS) v. Tata Teleservices Ltd. (2021) 92 ITR 87 / (2022) 209 DTR 57/ 193 ITD 238 (Delhi)(Trib.)

S. 154 : Rectification of mistake-Revised return declaring lower loss-Assessment based on original return-Rectification order passed by the Assessing Officer based on revised return-Held to be valid. [S. 35(2AB), 139(5), 143(3)]

Dy. CIT v. Zen Technologies Ltd. (2021) 92 ITR 21 (SN) (Hyd.)(Trib.)

S. 153C : Assessment-Income of any other person-Search-Based on documents seized in the course of search-Reassessment was quashed-Assessing Officer should have invoked provision of section 153C [S. 147, 148]

Fragrance Construction Pvt. Ltd. v. ACIT (2021) 92 ITR 55 (Delhi) (Trib.)

S. 153A : Assessment-Search or requisition-Unabated on date of search-Addition cannot be made-Interest income having direct nexus with incriminating material found-Addition is held to be justified. [S. 132, 143(2), 153C]

C. Vijayalakshmi (Mrs.) v. Dy.CIT (2021) 92 ITR 142 (Chennai) (Trib.)

S. 147 : Reassessment-Investigation wing-Accommodation entries-No live link between the escapement of income and information-Reassessment notice was quashed. [S. 148]

ITO v. Gujarat Storages P. Ltd (2021) 92 ITR 30 (SN) (Ahd.)(Trib.)

S. 147 : Reassessment-Investigation wing-Roving inquiry-Reassessment was held to be bad in law. [S. 143(3), 148]

Sudhir Dalichand Jain v. ITO (2021)92 ITR 102 (Surat)(Trib.)

S. 147 : Reassessment-After the expiry of four years-Information from investigation wing-Alleged deposit of tax-Recording wrong and incorrect reasons-Reassessment is held to be bad in law. [S. 148, 151]

Karan Khurana v. ITO (2021)92 ITR 114 (Delhi)(Trib.)

S. 147 : Reassessment-After the expiry of four years-Unexplained investment-Assessment cannot be reopened merely on the basis of Report of District valuation officer-Allegation of escapement of income more than Rs. 1 lakh-Reassessment proceedings valid. [S. 69, 148, 149(1)(b)]

Ambalal Nanabhai Patel v ITO (2021)92 ITR 81 (Ahd.)(Trib.)

S. 143(3) : Assessment-Income from undisclosed sources-Commission agent-Director admitted that cash seized belong to the company-Sales tax authorities accepted that sales the sales shown by the company-Extracts of cash book certified by the Chartered Accountant was filed-Addition was deleted. [S. 132(4)]

Ashok Kumar Banthia v. Dy. CIT (2021) 92 ITR 505 (Jodhpur)(Trib.)

S. 133A : Power of survey-Closing stock-Carry forward and set off-Enhanced value of stock shown in the books of account which was found in the course of survey-Entitle to set off of closing stock. [S. 145]

Gogga Gurusanthiah and Bros v. Dy. CIT (2021) 92 ITR 322 (Bang.) (Trib.)