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. 153A : Assessment-Search or requisition-Client code, modification-No incriminating material was found in the course of search-Assessment was not pending on date of search-Deletion of addition was held to be justified. [S. 132]

PCIT v. Jaypee Financial Services Ltd. (2021) 280 Taxman 147 (Delhi)(HC)

S. 147 : Reassessment-With in four years-Infrastructure development-BOT(Build-Operate-Transfer)-Not claiming amortisation of expenses-Tax neutrality-Reassessment proceedings was quashed. [S. 80IA, 148, Art. 226]

Mapex Infrastructure (P.) Ltd. v. ACIT (2021) 280 Taxman 236 (Cal.)(HC)

S. 147 : Reassessment-With in four years-Bogus purchases-Unexplained expenditure-Accommodation entries-Reassessment proceedings is held to be valid. [S. 69C, 143(1), 148, Art. 226]

Cemach Machineries Ltd. v. ITO (2021) 280 Taxman 98 (Guj.)(HC)

S. 147 : Reassessment-With in four years-Information from DDIT (Investigation)-Bogus transaction-Accommodation entries-Long term capital gain-Sale of shares-Mere disclosure of that transaction at time of original assessment proceedings could not be said to be disclosure of true and full facts-Reassessment is held to be valid. [S. 45, 68, Art. 226]

Mehrunnisa Mohamed Fazal Maniar v. ITO (2021) 280 Taxman 261 (Guj.)(HC)

S. 147 : Reassessment-With in four years-Information from NMS (Non filler monitoring system)-Cash deposited in a bank account-Re assessment notice is held to be valid. [S. 68, 143(1), Art. 226]

Silverdale Inn (P.) Ltd. v. ITO (2021) 280 Taxman 253 (Guj.)(HC)

S. 147 : Reassessment-With in four years-Accommodation entries-Hawala dealer-Bogus purchases-Recorded reason-Reassessment is valid-Approval was granted on the date of issue of notice-Sanction is valid. [S. 68, 148, 151, Art. 226]

Nisha Diamonds (P.) Ltd. v. ITO (2021) 280 Taxman 314 (Guj.)(HC)

S. 144B : Faceless Assessment-Natural justice. [S. 143(3), 270A, 271AAC, Art. 226]

Raja Builders v. National Faceless Assessment Centre (2021) 280 Taxman 304 (Bom.)(HC)

S. 144B : Faceless Assessment-Natural justice-Stay of demand-Order was passed before expiry of date mentioned in the show cause notice. [S. 156, 271AAC(1), Art. 226]

BL Gupta Construction (P.) Ltd. v. National E-Assessment Centre (2021) 280Taxman 306 (Delhi)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Provision on account of commission payment to an agent-Accepted in earlier years-Deletion of disallowance is held to be justified.

CIT v. Telco Construction Equipment Co. Ltd. (2021) 280 Taxman 78 / 203 DTR 49/ 322 CTR 458 (Karn.)(HC)

S. 37(1) : Business expenditure-Consultancy fees-Studying and preparing a strategy to reduce cost of production-Allowable as revenue expenditure.

CIT v. Telco Construction Equipment Co. Ltd. (2021) 280 Taxman 78 / 203 DTR 49/ 322 CTR 458 (Karn.)(HC)