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. 220 : Collection and recovery-Assessee deemed in default– Stay -The AO has directed the assessee to pay 20% of tax demanded.- Appellate authority started the hearing – Writ is not entertained. [Art. 226]

Victoria Technical Institute. V. ITO (2020) 268 Taxman 420 (Mad.) (HC)

S. 220 : Collection and recovery-Assessee deemed in default– Stay –Society–Cash credits- Denial of exemption–Direction to pay only one percent of tax demanded as against 50% of disputed tax in dispute.[S. 68, 80P]

Navaikulam Service Co-operative Bank Ltd. DCIT (2020) 268 Taxman 418 (Ker.)(HC)

S. 194C : Deduction at source–Contractors-Up-linking Service Agreement-Payments made to Multi System Operators on account of channel carriage fees and other payments related to Up-linking charges and down-linking charges, Bandwidth and Air Time charges–Not in the nature of fees for technical services–Levy of penalty is held to be not valid.[S. 9(1)(vii), 194J, 221(1), 271C]

CIT v. Media World Wide Pvt. Ltd. (2020) 185 DTR 329 / 312 CTR 409 (Cal.)(HC)

S. 147 : Reassessment–With in four years-Survey–Expenditure Failure to produce documents in the original assessment proceedings-Reassessment notice is held to be valid. [S. 133A, 148, Art.226]

Mohan Ravi v. ITO (2020) 268 Taxman 408 / 195 DTR 108/ 317 CTR 451(Mad.)(HC)

S. 147 : Reassessment-After the expiry of four years- In absence of any failure on part of assessee to disclose fully and truly all material facts at time of assessment- Reassessment proceedings is held to be bad in law. [S. 80IA, 148]

PCIT v. L&T Ltd. (2020) 113 taxmann.com 47 / 268 Taxman 391 (Bom.)(HC) Editorial : SLP of revenue is dismissed; PCIT v. L&T Ltd. (2020) 268 Taxman 390 (SC)

S. 147 : Reassessment–After the expiry of four years-Failure to deduct tax deducted at source- Management consultancy fees- No omission or failure on assessee’s part to disclose all material facts relevant to original assessment proceedings- Notice for reassessment is held to be not valid. [S. 40(a)(ia), 194J, 195]

Vedanta Ltd. v. ACIT (2020) 185 DTR 169 / 312 CTR 105 (Delhi)(HC)

S. 92C : Transfer pricing–Arm’s length price–Comparables- Functional similarity- Merely because the assessee included an entity in list of comparbles would not bar the assessee from contending other wise before TPO- Order of Tribunal is affirmed. [S. 92B]

PCIT v. Sygenta Bioscience (P) Ltd. (2020) 268 Taxman 422 (Bom.)(HC)

S. 80IB(10) : Housing projects-Complied all the conditions- Failure to complete the project attributable to the assesee-Entitle to deduction.

PCIT v. Kewal Real Estate Developers (P.) Ltd. (2020) 113 taxmann.com 49 / 268 Taxman 388 (Bom.)(HC) Editorial : SLP of revenue is dismissed; PCIT v. Kewal Real Estate Developers (P.) Ltd. (2020) 268 Taxman 387 (SC)

S. 69 : Unexplained investments-Undisclosed income- Immoveable property-Purchase consideration is alleged to be undervalued-Deletion of addition is held to be justified. [S. 158BC]

PCIT v. Virender Kumar Bhatia (2020) 268 Taxman 412 (Delhi) (HC)

S. 68 : Cash credits–Share application money-Kolkata parties- Bank accounts in Delhi-Failed to discharge onus of establishing the genuineness of transaction and creditworthiness of investors/creditors-Only disclosed identity of investors, who too remained faceless despite notices to them-Addition is held to be justified. [S. 131, 133(6)]

Vashulinga Finance Pvt. Ltd. v. DCIT (2020) 185 DTR 99/ 313 CTR 179 (Delhi) (HC)