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. 263 : Commissioner-Revision of orders prejudicial to revenue-Co-operative societies–Interest income derived by co-operative society from investments held with co-operative bank entitled for deduction under section 80P(2)(d) of the Act–AO had taken a possible view and hence reassessment proceeding is quashed. [S. 2(19), 80P(2)(d)]

Solitaire CHS Ltd. v. PCIT (2019) 76 ITR 59 (SN) (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-limited scrutiny–PCIT cannot look into issue which the AO himself was barred from looking into in original assessment. [S. 143(1)]

Padmavathi (Smt.) v. ITO (2019) 76 ITR 55 (SN) (Chennai) (Trib.)

S. 254(1) : Appellate Tribunal–Powers-Non appeared for the assessee/appellant–Notice sent–Appeal not admitted-Liberty to the assessee to move application as per proviso to rule 24. [S. 253, ITATR. 19(2), 24]

Jai International v. Dy. CIT (2019) 177 DTR 236 /199 TTJ 676 (Jodpur)(Trib.)

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Amendment in making electronic filing of appeal mandatory-change in law introduced at about the same time and possibility that assessee may not be conversant with technical aspects-Opportunity to be given to assessee for filing of appeal in accordance with law. [S.251, R.45]

Amigo Finstock P. Ltd. v. ITO (2019) 76 ITR 61 (SN) (Ahd.)(Trib.)

S. 195 : Deduction at source-Non-resident-Other sums–remittance-in nature of reimbursement of cost–necessary documents to be examined-restored to AO for de novo adjudication. [S. 195(2)]

BASF India Ltd. v. Dy. CIT (IT) (2019) 174 DTR 16 /197 TTJ 724 (Mum.)(Trib.)

S. 194C : Deduction at source–Contractors-Payment made to farmers for purchase of sugarcane as harvesting charges-Not liable to TDS-No disallowance can be made. [S. 40(a)(ia)]

DCIT v. NSL Sugars (2019) 76 ITR 1 (SN) (Bang.)(Trib.)

S. 194C : Deduction at source–Contractors-Finance Act states that it would be applicable from a particular date–Section cannot be applied retrospectively. [S. 40(a)(ia), 194(6), 263]

Oruganti Sowbhagyam v. DCIT (2019) 76 ITR 79 (SN) (Cuttack)(Trib.)

S. 153C : Assessment-Income of any other person–Search Seized documents not belonging to assessee-No incriminating documents / materials seized–Addition cannot be sustained.

Unicon Merchants P. Ltd. v. JCIT (2019) 76 ITR 381 (Cuttack)(Trib.)

S. 153A : Assessment–Search-Time limit for issue of notice u/s.143(2) and completion of assessment already lapsed as on date of search-An addition is unsustainable. [S. 143(2)]

Dy. CIT v. Forum Sales P. Ltd. (2019) 76 ITR 51 (SN) (Delhi)(Trib.)

S. 153A : Assessment–Search-Assessee was not in existence at time of first search–No documents found in second search belonging to assessee-Payment of interest on post-dated cheques outside books beyond six months from sale deed-No addition could be sustained.

Utkarsh Realtech Pvt. Ltd. v. ACIT (2019)76 ITR 688 (Delhi)(Trib.)