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
Interpretation -Natural Justice – Audi Alteram Partem – Right of hearing – Cross -Examination – Matter remanded to first Appellate Authority .[IT Act , 1961 , S. 226 (3) ]
ICDS Ltd v. CIT ( 2020) 10 SCC 529 Editorial. Order in CIT v. ICDS Ltd , ITA No. 353 of 2001 dt 18 -9 2007 ( Kran) (HC) is reversed .
Maharashtra Agricultural Produce Marketing ( Regulation ) Act , 1963 ( 20 of 1964)
S. 2(1) (a): Agricultural produce – Sugar – Edible oil and Vanaspati – Agricultural produce .
Britannia Industries Ltd v. Bombay Agricultural produce Marketing Committee ( 2020)) 11 SCC 623
Tribunal -Courts , Tribunal and Judiciary – Appointment and selection – Clarification of order dt 9-2 2018 in Kudrat Sandhu (2018) 4 SCC 346, pars 1 and 2 .
Kudrat Sandhu v.UOI ( 2020) 6 SCC 251 Kudrat Sandhu v.UOI ( 2020) 6 SCC 254
Appellate Tribunals and Other Authorities ( Conditions of Service ) Bill , 2014 .
Tribunal -Courts , Tribunal and Judiciary – Appointments in certain Tribunals requiring immediate attention .
Madras Bar Association v .UOI ( 2020) 6 SCC 247
Finance , Act , 2017
S. 184 : Merger of Tribunals and other Authorities and Conditions of Service of Chairpersons , Members etc – Excessive delegation – Whether Unconstitutional- Courts , Tribunals and Judiciary -Appointment process -Independence of Judiciary [ S.183 , Constitution of India , Art . 124, 214, 216, 226, 323-A ,323-B ]
Rojer Mathew v . South Indian Bank Ltd , Referred by its Chief Manager and Ors ( 2020) 6 SCC 1
Constitution of India.
Art 141 : Law declared by the Supreme Court shall be binding on all courts with in territory of India – Binding precedent -A decision , unaccompanied by reasons can never be said to be a law declared by the Supreme Court , though it will bind the parties inter se in drawing the curtain on the litigation .
UOI v. M.V.Mohan Nair ( 2020) 5 SCC 421
Interpretation – Doctrine of precedents and stare decisis -Binding precedent .
Shah Faesal (Dr.) v. UOI ( 2020) 4 SCC 727 ( 5-Judge Bench )
Interpretation- Precedent – Doctrine of merger- Non -Speaking order of Supreme Court refusing to special leave to appeal – Doctrine of merger would not apply . [ Constitution of India , Art . 141 ]
Zahedabi Abdul Razaque Shete and Ors v. Maharashtra State Board of Waqf Pan Chakki Aurangabad AIR 2020 Bom 100
S. 2(22)(e):Deemed dividend – Loans and advances to subsidiary – Not established the business purposes – Addition as deemed dividend is held to be valid – Reassessment is also held to be valid [ S. 147 , 148 ]
Empire Holdings Ltd v. Dy.CIT ( 2019) 112 taxmann.com 319 ( Chennai) (Trib)
S. 2(22)(e):Deemed dividend –Redeemable debenture – Addition cannot be made as deemed dividend – Advance for purchase of machinery – In the course of business addition cannot be made as deemed dividend – Intercorporate deposit – Repaid before end of relevant year – Addition as deemed dividend is held to be justified
ACIT v. Jasubhai Engineering (P) Ltd ( 2020) 184 ITD 388/ 118 taxmann.com 430 (Mum) ( Trib)