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. 201 : Deduction at source-Survey-Failure deduct tax at source-Payment to non-residents-Appeal pending before two earlier assessment years-Writ was dismissed-Directed to pursue alternative remedy of appeal. [S. 133A, 201(1), 201(IA), Art. 226)
BT (India) (P) Ltd. v. ITO 323 CTR 661 / 207 DTR 377 (Delhi)(HC)
S. 194H : Deduction at source-Commission or brokerage-Sale of prepaid SIM cards to distributors-Discounts given by assessee-telecommunication company on sale of prepaid SIM cards to distributors-Not liable to deduct tax at source.
CIT (TDS) v. Vodafone Cellular Ltd. (2021)131 taxmann.com 191 (Bom.)(HC) Editorial : Notice is issued in SLP filed by the revenue, CIT(TDS) v. Vodafone Cellular Ltd. (2021) 283 Taxman 292 (SC)
S. 192 : Deduction at source-Salary-Credit for tax deducted-Collection and recovery of tax-Bar against direct demand on assessee-Failure to deposit the tax in Government treasury by the employer-Credit cannot be denied to the employee-Directed to give credit. [S. 199, 201, 205, Art. 226]
Kartik Vijaysingh Sonavane v. Dy. CIT (2021) 208 DTR 441 / 132 taxmann.com 293 / (2022) 440 ITR 11 / 284 Taxman 278/ 324 CTR 111 (Guj.)(HC)
S. 154 : Rectification of mistake-Refund-House property and bank interest-Full tax was paid-Assessing Officer is directed to pass order in accordance with law. [S. 143(3), 221(1), 237, Art. 226]
Sujeev Gandhi v. UOI (2021) 283 taxman 47 (Delhi) (HC)
S. 154 : Rectification of mistake-Depreciation-Contractor-Income estimated at 12.5 % of contractual receipts-Debatable-Rectification was held to be not justified. [S. 32(1)(ii)]
PCIT v. Engineers Works (2021) 323 CTR 485 (AP)(HC)
S. 153C : Assessment-Income of any other person-Search-Undisclosed investment-Statement recorded of third party-Opportunity of cross examination was not provided-Deletion of addition is held to be justified. [S. 69C]
PCIT v. Janson Investments (P) Ltd. (2021) 208 DTR 105/(2022)441 ITR 162 / 324 CTR 203 (Karn.)(HC)
S. 153C : Assessment-Income of any other person-Search-Notice was issued after considering the objections-Alternative remedy is available-Writ is not maintainable. [Art. 226]
Raju Bhupendra Desai v. ITO (2021) 323 CTR 446 / 207 DTR 129 (Guj.)(HC).Editorial: SLP of assessee dismissed, Raju Bhupendra Desai v. ITO( 2022) 443 ITR 6 (St)(SC)
S. 153 : Assessment-Reassessment-Limitation-Issue of two notices-First notice dated 22nd march 2011 on business premises-Second notice on 6th April 2011 on residential premises-First notice was not withdrawn-Order passed on 28th March 2013-Barred by limitation on 31st December, 2011. [S. 147, 148, 153(2)]
H.C. Byregowda v. ACIT (2021) 323 CTR 500 / 207 DTR 324 (Karn.) (HC)
S. 149 : Reassessment-Time limit for notice-Issue of notice-Notice dated 31-3 2018-Despatched on same day-1-4-2018 being Sunday Franking was done by postal authorities on 2-4 2018-Notice is not time barred. [S. 147, 148, Art. 226]
Dr. Bharani R. Paluvai v. ITO (2021) 283 Taxman 159 (Mad.)(HC)
S. 147 : Reassessment-Search and seizure-Information from third party-Satisfaction-Validity of issue was notice u/s. 148 was left open to be decided in appeal-Order of single judge was set aside. [S. 132, 148, 153C, 158BD, Art. 226]
Navkar Electronics v. ITO (2021) 323 CTR 1037 / 208 DTR 315 (Mad.)(HC) Editorial : Finding of single judge is set aside, Navkar Electronics v. ITO (2021) 323 CTR 1041 / 208 DTR 320 (Mad.)(HC)