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
Click here to download the pdf versions of the Digest of case laws

S. 195 : Deduction at source-Non-resident-Foreign companies-Equalization levy-Direction to deduct tax at source 10 percent-When the assessee is subjected itself to Equalization Levy of 2 per cent on payments under consideration, as an interim measure, assessee would be entitled to receive its payment from GCI subject to a deduction of 8 per cent-DTAA. [S. 115JA, 166, 195(2), Art. 226]

Google Asia Pacific Pte. Ltd. v. CIT (2022) 286 Taxman 592 / 211 DTR 175 / 325 CTR 249 (Delhi)(HC)

S. 194IC : Deduction at source-Payment under specified agreement Compensation received on Acquisition of Land for Public Project under an agreement-Award-Assessee not specific person under Section 46-Compensation received not liable to Deduction of tax at source-Deductor to file correction statement of Tax Deducted-Department to process statement-Tax Deducted at source to be refunded [S. 139, 194LA, 199, 200(3), 200A(d), 237, Rule 37BA(3)(i), Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 S. 46, 96, Art. 226]

Seema Jagdish Patil v. National Hi-Speed Rail Corporation Ltd. (2022) 445 ITR 382 / 288 Taxman 26 / 215 DTR 153 /327 CTR 281 (Bom.)(HC)

S. 194A : Deduction at source-Interest other than interest on securities-Compensation awarded by Motor Accident Claims Tribunal(MACT)-Compensation exceeded Rs.50 thousand-Tax deducted and deposited-MACT could not have directed Insurance Company to pay said amount yet again for its payment to claimants. [S. 194A(ix), Art. 226]

Bajaj Allianz General Insurance Co. Ltd. v. M.A.C.T. Kathua (2022) 286 Taxman 98 (J & K and Ladakh)(HC)

S. 153C : Assessment-Income of any other person-Search-Violation of principle of natural justice-Responded to notice-Order was set aside. [S. 132, 142(1), Art. 226]

PCIT v. PraveenKumar Pathi (2022) 286 Taxman 458 (Mad.)(HC)

S. 150 : Assessment-Order on appeal-Reassessment-Deemed dividend-Addition deleted-Finding-Direction-Left open for the Assessing Officer in the hands of share holders-Order cannot be construed as direction. [S. 147, 148, 153, Art. 226]

Dinar Tarcar v. ACIT (2022) 286 Taxman 638 / 213 DTR 57 / 326 CTR 310 (Bom.)(HC)/Manisha Tarcar (Mrs ) v. ACIT (2022) 286 Taxman 638/ 213 DTR 57/ 326 CTR 310 (Bom.)(HC)

S. 147 : Reassessment-Failure to show remuneration and interest on capital received from partnership firm-Reassessment notice was quashed. [S. 28(i), 148, Art. 226]

Mamta Bhavesh Deva v. ITO (2022) 446 ITR 411 / 286 Taxman 692 (Guj.)(HC)

S. 147 : Reassessment-Capital gains-Profit on sale of property used for residence-Investment in six residential flats-Change of opinion-Reassessment is not valid. [S. 45, 54, 148, Art, 226]

Gagan Omprakash Navani v. ITO (2022) 286 Taxman 668 (Bom.)(HC)

S. 147 : Reassessment-Speaking order-Order passed without passing a speaking order-Order was set aside-Directed to pass speaking order [S. 143(3), 148, Art. 226]

Fast Finance (P) Ltd. v. ACIT (OSD) (2022) 446 ITR 378 /286 Taxman 455 (Mad.)(HC)

S. 147 : Reassessment-Bad debt-Rural branch-Withdrawal of claim in subsequent year-Reassessment is not valid. [S. 36(1)(viia), 148, Art. 226]

HDFC Bank Ltd. v. ACIT (2022) 445 ITR 196 / 286 Taxman 365 (Bom.)(HC)

S. 147 : Reassessment-With in four years-Sale of shares-Business income-Capital gains-Change of opinion-Reassessment notice was quashed. [S. 28(i), 148, 154, Art. 226]

Tata Sons Ltd. v. CIT (2022) 286 Taxman 587 (Bom.)(HC)