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. 32: Depreciation – Car registered in name of director – Funds utilized of the company – Depreciation is allowable to the company.

Mukesh Trends Lifestyle Limited v. DCIT (Ahd)(Trib)(UR)

S. 272A : Penalty – Failure to answer questions – Sign statements – Furnish information – Substantial compliance – Levy of penalty is not justified. [S. 143(3), 272A(1)(d)]

Pawan International v. ITO (Chd)(Trib) (UR)

S. 271(1)(c) : Penalty – Concealment – Bogus purchases – Estimated addition – Levy of penalty is not valid.[S.69A]

ITO v. Saraswati Wire And Cable Industries (Mum)( Trib)(UR)

S. 263: Commissioner – Revision of orders prejudicial to revenue – Assessment order passed after making necessary inquiries – Held, revision proceedings cannot be initiated simply because PCIT was of the opinion that further inquiries should have been made on the issue.[ S.143(3) ]

Venerable Advertising P. Ltd. v. PCIT [2024] 109 ITR 81 (SN.) (Kol) (Trib) Editorial: Amritrashi Infra (P) Ltd. v. PR. CIT in ITA No 838/Kol/2019; Assessment Year 2012-13; order dt. 12/08/2020; Narayan Tatu Rane v. ITO [2016] 70 taxmann.com 227 (Mum.) (Trib.) Followed.

S. 251 : Appeal – Commissioner (Appeals) – Powers – Appeal cannot be dismissed on account of non-prosecution- Order is set aside and directed to decide on merits. [S. 246A, 251(2)]

Pramod Infrastructure Pvt. Ltd. v. ITO (Raipur)(Trib) (UR)

S. 151 : Reassessment – Sanction for issue of notice – Beyond three years – Specified Authority – Sanction by Principal Commissioner of Income Tax- Reassessment notice and order is bad in law.[S.148, 148A(b), 148A(d), 151(ii)]

Parinee Housing Pvt. Ltd v. Dy. CIT (Mum)(Trib)(UR)

S. 69A : Unexplained moneys – Demonetization – Not taxable as undisclosed income – Best judgement assessment – Order under section 144 is not valid.[S. 115BBE, 144]

Sakina Ahmedali Kantavala v. ITO [2024] 163 taxmann.com 115 (Ahd)(Trib)

S. 69A: Unexplained moneys – Search – Cash seized during search – Explained the source of cash – Addition is deleted. [S. 132]

Hemant Samarataji Lohar v. CIT(A) [2024] 163 taxmann.com 292 (SMC) (Mum)(Trib)

S. 68: Cash credits – Share capital – Need not prove source of the source – Order of CIT(A) deleting the addition is affirmed. [S. 131, 133(6)]

DCIT v. Jaymala Infrastructure P. Ltd. (Mum) (Trib) (UR)

S. 54F: Capital gains – Investment in a residential house – Joint names – Income has to be assessed in the right person – Indexation benefit is available. [S. 4, 45, 54]

Abdul Nayab Shaikh (Deceased) v. ITO [2024] 167 taxmann.com 381(Mum)( Trib)