Year: 2020

Archive for 2020


Kundan Care Products Ltd. v. Dy.DIT (2020) 113 taxmann.com 90 (All.)(HC) Editorial : SLP of revenue is dismissed; DIT (Inv.) v. Kundan Care Products Ltd. (2020) 269 Taxman 12 (SC)

S. 132 : Search and seizure- Stock in trade- High Court directed to release of seized goods. [Art. 226]

M. K. Rajendran Pillai v. CIT (2020) 421 ITR 274 / 189 DTR 172/ 315 CTR 656(Gau.)(HC) Editorial : Order of single judge is affirmed Varun Raj Pillai v. PCIT (2022) 440 ITR 47 (Gauhati )( HC)

S. 127 : Power to transfer cases-Assessee was given opportunity to be heard-Order for transfer is valid-Notice sent by post to correct address of assesse-Presumption that notice had been served. [General Clauses Act, 1897, S. 27, Art. 226 ]

Athena Trade Winds Pvt. Ltd. v. CIT (2020) 421 ITR 267/ 186 DTR 347/ 316 CTR 219 (MP) (HC)

S. 127 : Power to transfer cases-Reasons for transfer to be recorded and communicated and an opportunity of hearing is mandatory-Transfer order and consequent proceedings is quashed. [S. 127(2), 132(4), Art.226]

Krish Homes Pvt. Ltd. v. ITO (2020) 421 ITR 105/ 193 DTR 165/ 316 CTR 443 (Raj.)(HC) Editorial : SLP of the assessee is dismissed Krish Homes Pvt. Ltd. v. ITO (2020) 420 ITR 2 (St) (SC)

S. 115JB : Book profit-Agricultural income-Revenue derived from land-Profits from sale of agricultural land-Cannot be excluded from book profits. [S. 2(IA), 2(14)(iii), 10(1), 45]

CIT (LTU) v. ACC Ltd.( 2019) 112 taxmann.com 402 / (2020) 269 Taxman 15 (Bom.)(HC) Editorial: SLP of revenue is dismissed; CIT (LTU) v. ACC Ltd. (2020) 269 Taxman 14 (SC)

S. 115JB : Book profit-Provision for bad and doubtful debt- Ascertained liability-No addition can be made.

CIT v. RBS Financial Services (India) Pvt. Ltd. (2020) 421 ITR 1 (Bom.)(HC )

S. 92C : Transfer pricing-Arm’s length price-Loan syndication fee received from associated enterprise-Tribunal remitting matter to AO-Not erroneous.[S. 254(1), 260A]

Surat Vankar Sahakari Sangh Ltd. v. ACIT (2020) 421 ITR 134 (Guj.)(HC)

S. 80P : Co-operative societies-Interest received from another Co-operative bank-Deduction allowed on gross interest in earlier years-Department has not challenged the decision of the Tribunal in another assesee-Department is not entitled to challenge its correctness in case of another assessee without good reason. [S. 80P(2)(d)]

Seven Stars v. DCIT (2020) 421 ITR 16 (Bom.)(HC)

S. 80HHC : Export business-Business profits-Receipts by way of reassortment charges and labour commission-Cannot be excluded from business profits for purpose of computation of business profits- Prior to amendment with effect from April 1, 1992.

CIT (E) v. Seth Vinod Kumar Somani Charitable Trust. (2020) 113 taxmann.com 142 / 269 Taxman 60 (P & H) (HC) Editorial : SLP of the revenue is dismissed; CIT (E) v. Seth Vinod Kumar Somani Charitable Trust. (2020) 269 Taxman 59 (SC)

S. 80G : Donation-In absence of any evidence on record showing that funds of assessee trust were being utilised for private purposes-AO is, not justified in refusing to grant approval under S.80G(5)(vi) of the Act. [S. 12AA]

CIT v. Zila Sahkari Bank (P.) Ltd (2019) 112 taxmann.com 403/ 269 Taxman 56 (All.)(HC). Editorial : SLP of revenue is dismissed; CIT v. Zila Sahkari Bank (P.) Ltd. (2020) 269 Taxman 55 (SC)

S. 80 : Return for losses-Claim for carry forward of loss- Return filed in old form-Filed revised form after due date-Entitle to carry forward the loss. [S. 139(1), 139 (3)]