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. 36(1)(vii) : Bad debt–Termination of lease agreement–Write off of security deposit–Matter remanded.

DCIT v. AGC Network Ltd. (2020) 180 ITD 204 (Mum.)(Trib.)

S. 12AA : Procedure for registration–Trust or institution-Education-Coaching to IBBI aspirant students for examination preparation-Matter remanded for adjudication. [S. 2(15), 11]

IOV Registered Valuers Foundation v. CIT (2020) 180 ITD 1 (Delhi) (Trib.)

S. 10(4) : Non-resident–Stayed in India for 283 days for taking up employment–Not entitle to exemption. [S.6, 10(14(iii), Foreign Exchange Management Act, 1999, S.2(v)]

Baba Shankar Rajesh v. ACIT (2020) 180 ITD 160 (Chennai)(Trib.)

S. 271(1)(c) : Penalty–Concealment–Order of Tribunal set aside the appeal to CIT(A) is held to be valid. [S. 254(1)]

Gangadhar Narsingas Agrawal (HUF) v. ACIT (2020) 188 DTR 119/ 317 CTR 138(Bom.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue–Operation loss in share trading–Verified D-mat accounts, sales, purchases and closing stock–Revision is held to be bad in law. [S.28(i), 143(3)]

PCIT v. Cartier Leaflin (P.) Ltd. (2020) 268 Taxman 222 (Bom.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Rectification of mistake–When the claim is justifiably allowed by the AO the rectification order could not be construed to be erroneous and prejudicial to the interest of revenue. [S. 154]

PCIT v. Destimoney India Services Pvt. Ltd. (Bom.)(HC)

S. 254(1) : Appellate Tribunal–Duties-Tribunal cannot dismiss appeals in limine merely for non-appearance of party; it should give decision on merit- Matter remanded.

Government Telecommunication Employees Cooperative Society Ltd. v. ITO (2020) 268 Taxman 17 (Mad.)(HC)

S. 254(1) : Appellate Tribunal–Duties- Ex -parte decision on first day of hearing–Issue covered in earlier years-Rejection of application for recalling the order is held to be not justified– Directed to hear the appeal on merits. [S.254(2), Art. 226]

Universal Cold Storage Ltd. v. DCIT (2020) 268 Taxman 178 (Mad.)(HC)

S. 251 : Appeal – Commissioner (Appeals)–Powers–CIT(A) has the power to decide stay petition-He should not direct the assessee to file stay petition before AO. [S.220(6), Art.226]

Kallettumkara Service Co-operative Bank Ltd. v. ITO (2020) 268 Taxman 10 (Ker.)(HC)

S. 251 : Appeal-Commissioner (Appeals)–Powers–Additional grounds–Power of the Appellate authorities is co-terminous with the power of the assessing authorities-Order of Tribunal holding that CIT(A) has no jurisdiction to admit addition grounds is set aside–Directed the CIT(A) to decide on merit considering the additional ground. [S. 254(1)]

Siva Equipment Pvt. Ltd. v. ACIT (2020) 423 ITR 20/ 187 DTR 249/ 313 CTR 787/ 274 Taxman 420 (Bom.)(HC)