Section 220 – Requirement of payment of 20% of demand is not a pre-condition for putting in abeyance recovery of demand in all cases and said pre-condition can be relaxed in appropriate cases.
Dabur India Ltd. v. Commissioner of Income-tax (TDS) – [2023] 146 taxmann.com 315 (Delhi).
Section 194H – SLP granted against order of HC that TDS u/s 194H were not attracted on discounts given by assessee – telecommunication company on sale of pre-paid SIM cards to distributors.
Commissioner of Income-tax (TDS) v. Vodafone Cellular Ltd. – [2023] 146 taxmann.com 282 (SC).
Section 90 – Tax Residency Certificate (TRC) issued by other country is to be accepted as the basis of benefits under DTAA. AO cannot go behind TRC issued by another country & issue re-assessment notice to determine issues of residential status, treaty eligibility and legal ownership.
Blackstone Capital Partners (Singapore) Vi Fdi Three Pte. Ltd. v. ACIT – [2023] 146 taxmann.com 569 (Delhi).
Section 220 – Where original order of assessment was set aside by Appellate Authority and a fresh assessment order was passed, relevant date for charging interest u/s 220(2) would be date of demand notice raised pursuant to fresh assessment order.
Principal Commissioner of Income-tax 1 v. AT & T Communication Services (India) (P.) Ltd. – [2023] 146 taxmann.com 243 (Delhi).
Expenses incurred to obtain legally enforceable agreement with Ministry of Civil Aviation is to be capitalised.
Bangalore International Airport Ltd. v. DCIT – [2023] 146 taxmann.com 206 (Karnataka).
Section 263 – Limitation period for purpose of invoking revision jurisdiction u/s 263 in respect of income assessed originally and remained untouched by reassessment, ought to be reckoned from date of original order of assessment and not from date of order of revised assessment.
Commissioner of Income-tax v. Lakshmi Vilas Bank Ltd. [2023] 146 taxmann.com 227 (Madras).