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. 147 : Reassessment-Information from Investigation wing-Notice on the basis of incorrect and non-existing reason-Non application of mind-Reassessment is not valid. [S. 68, 131, 147(b), 148]
Bishan Sharup Gupta v. ITO (2021) 89 ITR 43 (Delhi)(Trib.)
S. 147 : Reassessment-After the expiry of four years-No allegation in the reasons recorded of any omission or failure on the part of the assessee in disclosing fully and truly all material facts necessary of assessment-Notice is void-ab-initio. [S. 148]
Bharti Cellular Ltd. v. DCIT (2021) 211 TTJ 760 / 201 DTR 281 (Delhi)(Trib.)
S. 145 : Method of accounting-Completed contract method-Accepted in earlier years-Method cannot be substituted by the percentage competition method
Ekta Housing Pvt. Ltd. v. Dy. CIT (2021) 89 ITR 56 (Mum.)(Trib.)
S. 144 : Best judgment assessment-Estimation of gross profit-Sluggish economic conditions-CIT(A) accepting the gross profit declared by the assessee-No business could have a minimum threshold gross profit every year just to satisfy the whims of the Assessing Officer-Held to be proper. [S. 145(3)]
ACIT v. Shiv Edibles Ltd. (2021) 89 ITR 58 (SN) (Jaipur)(Trib.)
S. 143(3) : Assessment-Income from undisclosed sources-Cash and cheque deposits in bank accounts-Transactions carried out on behalf of others-Entire deposit cannot be assessed as income from undisclosed sources-Profit element is estimated at 20 per. Cent. [S. 133A]
Venkataramanappa Ravikumar v. ACIT (2021) 89 ITR 63 (SN) (Bang.)(Trib.)
S. 143(3) : Assessment-Trader in Iron and steel-Sales not doubted-Profit element is estimated at 5 % of such purchases.
ITO v. Ismailbhai M. Lohkandwala (2021) 89 ITR 1 (SN) (Mum.) (Trib.)
S. 143(3) : Assessment-Income from undisclosed source-Firm-Deposit of money in partner’s capital account-Explained the source-Addition cannot be made as undisclosed income of the firm-Cash deposited in the bank account of concern was accepted as genuine-Assessee received the payment by banking channels-Addition cannot be made as undisclosed income of the firm. [S. 69]
ITO v. Swaran Fastners (2021) 89 ITR 650 / 210 TTJ 1 (Chad.) (Trib.)
S. 115JB : Book Profits-Central warehousing Corporation-No Notification exempting from requirements of Schedule VI to Companies Act, 1956-Provision for payment of gratuity, bad and doubtful debts, Payment of wealth-tax, leave encashment and productivity linked incentives-Assessing Officer to verify claim of actuarial valuation and other documentary evidence to substantiate that liabilities were ascertained liabilities [S. 37(1), Companies Act, 1956, S. 211(3), Sch. VI].
Central Warehousing Corporation v. ACIT (2021) 89 ITR 208 (Delhi)(Trib.)
S. 115BBE : Tax on specified income-Income from undisclosed income-Setting off any loss-Restrictions applicable prospectively with effect from 1-4-2017. [S. 68, 69, 69A, 69B, 69C]
Ekta Housing Pvt. Ltd. v. Dy. CIT (2021) 89 ITR 56 (Mum.)(Trib.)
S. 115BB : Winning from lotteries-Irrespective of the head of the income, the winnings from lotteries shall be taxed at a special rate-The business loss incurred by the assesse after exclusion of prize money earned from the unsold lottery tickets is eligible for set off against such winnings from lotteries. [S. 2(24)(ix), 28(i), 56(2)(ib), 58(4), 71]
Pooja Marketing v. PCIT (2021) 212 TTJ 306 / 204 DTR 1 (Mum.) (Trib.)