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. 80IB(10) : Housing projects-Belated return of income-Where High Court, in separate proceedings, condoned assessee’s delay in filing return, denial of deduction solely on ground of such delay became untenable; assessment order quashed and matter remanded to AO. [S. 119(2)(b), 139, 254(2), Art. 226]

Bhatewara Associates v. ITAT [2024] 162 taxmann.com 834 (Bom.)(HC)

S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Captive power plant-Valuation of electricity transferred to another unit of assessee to be at rate charged by distribution companies to consumers-Order of Tribunal affirmed. [S. 80A(6), 260A]

CIT, (LTU) v. Reliance Industries Ltd. [2024] 161 taxmann.com 423 (Bom.)(HC)

S. 80HHC: Export business-Computation of deduction-Turn over-Scrap sale-For purpose of section 80HHC, proceeds of sale of scrap would not form part of total turnover.[S.260A]

West Coast Paper Mills Ltd v. ACIT [2024] 164 taxmann.com 712 (Bom.)(HC)

S. 69C : Unexplained expenditure-Bogus purchases-Information from Sales Tax Department-Corresponding sales not disputed-Non‑production of suppliers does not justify disallowance of entire purchase amount; only profit element is to be added-Estimate of profit at 12.5% of purchases was affirmed.[S. 148, 260A]

PCIT v. Max Flex and Imaging Systems Ltd [2024] 161 taxmann.com 775 (Bom.)(HC)

S. 69C : Unexplained expenditure-Unexplained investments-Bogus purchases-Sales not disputed –Estimate at 12.5%-Only profit element embedded in such purchases is taxable, not the entire amount. [S. 69, 147, 148, 260A]

PCIT v. Rushail Pharmadin (P) Ltd [2024] 163 taxmann.com 195 (Bom.)(HC)

S. 69C: Unexplained expenditure-Search and seizure-Notings in diary and loose papers-Assessee’s failure to explain source of funds and nexus of expenditure with developer’s transactions-Concurrent findings of lower authorities upheld.[S.132, 260A]

Isidore Fernandes v. ACIT [2024] 160 taxmann.com 216 (Bom.)(HC)

S. 69B : Amounts of investments not fully disclosed in books of account –Undisclosed investment in shares-Alleged stock mismatch-Order of Tribunal deleting the disallowance affirmed. [S. 260A]

PCIT, v. Bhupendra Champaklal Delal [2024] 160 taxmann.com 560 (Bom.)(HC)

S. 68: Cash credits-Foreign Currency Convertible Bonds (FCCB)-Onus of proof-Assessee’s duty is to prove identity of immediate subscriber, not ultimate bondholders source of source-Order of Tribunal deleting the addition is affirmed. [S.260A]

PCIT v. Reliance Natural Resources Ltd. [2024] 163 taxmann.com 176 (Bom.) (HC)

S. 68 : Cash credits –Received through banking channel-Repaid in subsequent year-Failure to charge interest-Order of Tribunal deleting the addition is affirmed.[S. 260A]

PCIT, v. Bhupendra Champaklal Delal [2024] 160 taxmann.com 560 (Bom.)(HC)

S. 68 : Cash credits-Major portion was repaid during the year-Order of Tribunal deleting the addition is affirmed-Additions deleted-Set aside assessment-Additions which were deleted by the CIT(A) in the first round of proceedings and not contested further by the Revenue had attained finality and could not be made again by the Assessing Officer in the set-aside assessment. [S. 254(1), 260A]

CCIT (OSD)/PCIT, Central v. Bhupendra Champaklal Dalal [2024] 160 taxmann.com 645 (Bom) (HC)