Year: 2020

Archive for 2020


FCIOEN Connectors Ltd v Dy.CIT (2020) 268 Taxman 107/ 185 DTR 228 (Ker.)(HC)

S. 144C : Reference to dispute resolution panel – E-proceedings facility – Manual mode- Period of limitation- Receipt of a draft assessment order in manual mode had to be seen as date of draft assessment order- Judgement is peculiar factual circumstances, hence not to be cited as a precedent in subsequent cases. [S. 92C, Art.226]

Sumit Balkrishna Gupta. v. ACIT (2020) 268 Taxman 42 (Bom) (HC)

S. 143(3) : Assessment–Notice–Dead person-Order is non est in law – Notice was quashed. [S.143(2), 292B, Art.226]

Parakkadavil Mohammed Kunju Ansari. v. ITO ( 2019) 112 taxmann.com 73/(2020) 268 Taxman 6/ 196 DTR 433 (Ker) (HC)

S. 143(3) : Assessment–Natural justice- Opportunity of hearing – Agricultural income– Capital gains-Notice given-Reply furnished by the assessment- Assessment order passed denying the exemption without giving personal hearing–Order is not bad in law–No prejudice caused to the assessee through denial of personal hearing. [S. 2(IA), 10(1), 143(2), Art. 226]

Neetaa Suneel Shah (Smt.) v. ITO (2020) 268 Taxman 213 / 196 DTR 253 / 317 CTR 789(Mad.)(HC)

S. 143(3) : Assessment–Remand–Order giving effect to the order of Tribunal-Enhancement-Capital gains–business income-Client code modification-The AO is not entitle to expand the scope of the assessment proceedings beyond the issue remanded- Order of the AO is set aside. [S. 28(i), 45,254(1), Art. 226]

PCIT v Hotel Leela Venture Ltd. (2019) 112 taxmann.com 377 (Bom.)(HC)

S. 115JB : Book profit-Forward foreign exchange -Not contingent in nature–Binding obligation on date of contract against the assessee-Deletion of addition by the Tribunal is affirmed– Question which was not raised before the Tribunal cannot be raised first time before Court during the Course of oral arguments. [S. 37 (1), 260A]

PCIT v. Nomura Structured Finance Service (P) Ltd. (2020) 268 Taxman 173 (Bom.)(HC)

S. 92C : Transfer pricing–Arm’s length price–Comparable-Employee cost filter-Company which out sourced its work cannot be accepted as comparable–ITES services–Cannot be excluded merely because it did not make profit relevant assessment year.

IPCA Laboratories Ltd. v. ACIT (2019) 112 taxmann.com 331 / (2020) 268 Taxman 328 (Bom.)(HC) Editorial : SLP of revenue is dismissed ACIT v IPCA Laboratories Ltd (2020) 268 Taxman 327 (SC)

S. 80HHC : Export business-Entitle to deduction on gross total income without reducing it by the deduction allowed u/s. 80IB of the Act. [S. 80IA (9), 80IB]

PCIT v. Rishabhdev Tachnocable Ltd.(2020) 424 ITR 338 /187 DTR 473 (Bom.)(HC). www.itatonline.org

S. 69C : Unexplained expenditure–Bogus purchases– Accommodation entries-Restricting the disallowances at 5% of alleged bogus purchases is held to be justified–Entire purchases cannot be disallowed. [S. 37(1)n, 144]

Siddharth Export v. ACIT (2020) 268 Taxman 121 (Delhi)(HC)

S. 68 : Cash credits–Loans from a person outside India–Failure to prove creditworthiness of creditor–Certain documents produced first time before High Court–Addition is held to be justified. [S. 260A]

Balbir Chand Virmani v. CIT (2020) 268 Taxman 196 (P&H)(HC)

S. 68 : Cash credits-Entries found in the books of account seized from premises–Failure to explain–Addition is held to be valid.