Month: June 2020

Archive for June, 2020


J. S. & M. F. Builders v. A. K. Chauhan (2020) (2020) 426 ITR 460 /315 CTR 473/ 272 Taxman 349/ 191 DTR 19 (HC) www.itatonline .org

S. 147 : Reassessment – After the expiry of four years- Year of chargeability – Reassessment is held to be bad in law – No failure to disclose material facts .[ S. 45(1) , 45(2),143(3) ,143(1) , 148, Art .226 ]

Navin Jolly v. ITO (2020) 424 ITR 462 / 192 DTR 385/ 316 CTR 329 / 272 Taxman 348( Karn) (HC) www.itatonline .org

S.54F : Capital gains- Investment in a residential house –The usage of the property has to be considered-Several independent residential units in the same building have to be treated as one residential unit and there is no impediment to allowance of exemption u/s 54F(1) [ S.45 ]

Muradul Haque v. ITO ( 2020 ) 117 taxmann.com 251(Delhi (Trib) www.itatonline .org .

S. 40(a)(ia): Amounts not deductible – Deduction at source – The amendment to S. 40(a)(ia) by the Finance (No.2) Act, 2015 w.e.f. 01.04.2015, which restricts the disallowance for failure to deduct TDS to 30% of the expenditure instead of 100%, is curative in nature and should be applied retrospectively [ S.194H ]

CIT v Odeon Builders ( P ) Ltd ( 2019) 418 ITR 315 (SC)

Principle of Natural Justice -Direct taxes – Important case laws .

Ayaaubkhan Noorkhan Pathan v. State of Maharashtra & Ors AIR 2013 SC 58/ (2013) 4 SCC 465

Indian Evidence Act ,1872
S.3 : Natural Justice – Right of cross examination – Is integral part of Natural justice though not provided under the statute – Affidavit of own is not evidence with in meaning of S. 3 of the Evidence Act , 1872 .

Dev Milk Foods Pvt. Ltd v .Dy.CIT (Delhi ) (Trib) www.itatonline .org

S. 143(3) : Assessment – Limited scrutiny cannot be taken for complete scrutiny unless the AO forms a reasonable view that there is a possibility of under assessment of income – Approval by the PCIT in a mechanical manner is not valid – S.292BB does not save the infirmity – Order is quashed as a nullity . [ S. 292BB ]

Ventura Textiles Ltd v. CIT (2020) 426 ITR 478 / 315 CTR 729 /190 DTR 165/ 274 Taxman 144 ( Bom) (HC) www.itatonline .org

S. 271(1)(c) : Penalty – Concealment – Business expenditure – Full particulars were declared in the return – Merely because disallowance of expense , levy of penalty is held to be not justified on merit -Not sticking of inapplicable portion in the notice -In assessment order it was clearly mentioned that penalty proceedings u/s 271(1)(c) had been initiated separately for furnishing inaccurate particulars of income.- Penalty cannot be quashed only on technical ground not sticking of inapplicable portion in the notice [ S.37(1), 274 ]

Ventura Textiles Ltd v. CIT (2020) (2020) 426 ITR 478 / 315 CTR 729 /190 DTR 165 / 274 Taxman 144 ( Bom) (HC) www.itatonline .org

S. 260A : Appeal – High Court – Question of law – can be entertained by the High Court on the issue of jurisdiction even if the same was not raised before the Tribunal- The question relating to non-striking off of the inapplicable portion in the s. 271(1)(c) show-cause notice goes to the root of the lis & is a jurisdictional issue . [ S.271(1) (c ) 274 ]

PCIT v Alag Securities Pvt. Ltd. (Formerly known as Mahasagar Securities and Richmond Securities Pvt. Ltd.) (2020) 425 ITR 658/192 DTR 88/ 315 CTR 905/ 272 Taxman 241 (Bom) (HC) www.itatonline.org

S. 68 : Cash credits -Commission business- Accommodation entries – Failure to explain the source of deposits in the bank – Addition cannot be made as cash credits – Estimation of commission income by the Tribunal is held go be justified . [ S.132 ]

Ummer v. Pottengal Subida and Ors. AIR 2018 SUPREME COURT 2025

Limitation Act, 1963
S.5: Appeal – Condonation of delay of 554 days -Mentally disturbed – Prolonged illness and hospitalization – Sufficient for condonation.