Section 220 – Income-tax Act does not provide for any precondition for grant of stay of recovery; where a stay application u/s 220(6) has been filed before AO, AO would dispose of same only upon consideration of three factors viz. prima facie case, financial stringency and balance of convenience.
Karangipully Vinothkumar v. Income-tax Officer – [2023] 146 taxmann.com 418 (Madras).
Section 2(15) – Trust running newspaper is not entitled to exemption u/s 11 if ad receipts exceed quantitative threshold imposed by proviso to section 2(15).
Principal Commissioner of Income-tax (Exemptions) v. Servants of People Society – [2023] 147 taxmann.com 79 (SC).
Section 279 – Income-tax Authorities have power to compound offence either before or after institution of proceedings but certainly not after conviction.
Ramesh Jain v. Union of India – [2023] 146 taxmann.com 320 (Madhya Pradesh).
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).