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. 144C : Reference to dispute resolution panel-Power of enhancement-DRP has the power to enhance the assessment on an issue not part of assessment order. [S. 145A]

Bilcare Ltd. v. ACIT 214 TTJ 880 (Pune)(Trib.)

S. 144 : Best judgment assessment-Failure to deduct tax at source-Leave travel allowance-Order passed without calling remand report-Matter remanded-Tribunal recorded deep appreciation for very well drafted statement of facts and grounds of appeal before CIT(A) while deciding the matter without the assistance of the assessee. [S. 10(5), 133A, 192, 201(1), 201(IA), 201(3), 250, 254(1)]

State Bank of India v. ACIT (2021) 209 TTJ 964 / 199 DTR 57 (Mum.)(Trib.)

S. 144 : Best judgement assessment-Assessing Officer rejected the books of account and estimated the net profit rate of 12%-CIT(A) estimated at 6.5%.-Order of CIT(A) is affirmed-Un explained expenditure-When the income is estimated separate addition as unexplained expenditure cannot be made-Order of CIT(A) is affirmed. [S. 69C, 145(3)]

ACIT v. Ceigall India Ltd. (2021) 209 TTJ 85 (Chd.)(Trib.)

S. 143(3) : Assessment-Search and seizure-On money-Buildeer-Opportunity to cross-examine person making adverse statement against assessee never provided to assessee-Addition is not valid. [S. 131, 132, 147]

Riddhi Siddhi Developers Pvt. Ltd. v. DCIT (2021) 91 ITR 36 (SN)(Mum) (Trib)

S. 143(3) : Assessment-Amalgamation-Order of assessment framed in name of non-existent entity after it ceases to be a subsisting entity-Ab initio void.

Infosys Bpm Ltd. v. JCIT (2021) 91 ITR 12 (SN) (Bang.)(Trib.)

S. 143(3) : Assessment-Income from undisclosed sources-Refund of tax deducted by mistake-Deletion of addition is justified [S. 69]

ITO v. Logistic Buildtech P. Ltd. (2021) 91 ITR 14 (SN) (Delhi)(Trib.)

S. 143(3) : Assessment-Income from undisclosed sources-estimate of income-Suppression of both purchases and sales-Gross profit alone to be assessed and not entire suppressed sales.-Prior period expenses-Disallowance is justified-Sundry creditors-Matter remanded. [S. 37(1), 69]

APS Steel Pvt. Ltd v. ITO (2021) 91 ITR 25 (SN) (Bang.)(Trib.)

S. 143(2) : Assessment-Notice was issued by ITO Belgaum-Actual Assessing Officer id from Bellary-Notice was issue without jurisdiction-Order was quashed. [S. 10(10D), 127, 143(3)]

Dy. CIT v. Hothur Mohamed Iqbal (2021) 214 TTJ 996 / (2022) 192 ITD 64 (Bang.)(Trib.)

S. 143(1)(a) : Assessment-Intimation-Prima facie adjustments-Capital gains-Exemption denied-No intimation before making adjustments-Adjustments is not sustainable. [S. 11(1A), 11(2)]

Ceylon Pentecostal Mission v. ACIT (2021) 214 TTJ 651 / 91 ITR 54 (SN) / 207 DTR 249 (Chenai)(Trib.)

S. 124 : Jurisdiction of Assessing Officer-Objection to jurisdiction cannot be challenged after completion of Assessment-Assessee submitting to jurisdiction of Assessing Officer by filing return-issue not raised in assessment proceedings-Assessment valid.[S. 124(3)]

Prithvi Raj Singh v. ITO (2021) 91 ITR 164 (Jaipur)(Trib.)