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. 2(22)(e) : Deemed dividend-Repayment of loan or advance, which gets deemed, on receipt, on account of legal fiction, as a distribution of profit and, thus, as income in hands of payee shareholder, is of no consequence. [S. 10(34), 2(24)(iii), 56]

G.G. Oils & Fats (P.) Ltd. v. DCIT (2019) 178 ITD 573/ ( 2020) 190 DTR 319/203 TTJ 698 (Asr.)(Trib.)

S. 80M : Inter corporate dividends – Deduction to be on gross income and not on net income. [ S.80HHC ]

PCIT v. State Bank of India ( 2019) 181 DTR 275 / ( 2020) 420 ITR 376/314 CTR 542 (Bom)(HC),www.itatonline.org

S.147: Reassessment – After the expiry of four years- Limitation — Family settlement – Notice for assessment year 1999-2000 Notice issued to Power of Attorney holder within six Years —Held not barred by limitation -Reassessment is held to be valid – Dispute settled and consent decree passed – No family settlement – Consideration is held to be taxable as capital gains .[ S.45 ,148,163 ]

P. P. Mahatme, Power of Attorney Holder.v. ACIT (2020) 420 ITR 71/ 268 Taxman 186/ 186 DTR 260/ 313 CTR 147 (Bom) (HC) Editorial: SLP is dismissed , P.P. Mahatme v. ACIT ( 2021 ) 281 Taxman 215 ( SC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue– Bad debt-Provision for bad debt in books and debit to profit and loss account–Entitle to deduction-Revision is held to be not valid. [S. 36(1)(vii), 36(2)(v)]

State Bank of India v. PCIT (2019) 179 ITD 764/ ( 2020) 185 DTR 17 / 203 TTJ 275 (Mum.)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record–Failure to consider an argument advanced by either party to arrive conclusion is not an error apparent on record though it may be error of judgement. [S. 144]

Champalal Raj Kumar Textile (P.) Ltd. v. TRO (2019) 179 ITD 791 /(2020) 188 DTR 353 (Kol.)(Trib.)

S. 201 : Deduction at source-Failure to deduct or pay–Non–residents-Limitation period prescribed in sub-section (3) of section 201 would be equally applicable in respect of non-residents-Order held to be in valid.[S. 40(a)(ia), 195, 201(3)]

Tata Power Co. Ltd. v. ITO (IT) (2019) 179 ITD 779 / (2020) 187 DTR 25/ 204 TTJ 107 (Mum.)(Trib.)

S. 147 : Reassessment–Notice–Assessment order passed without issue of mandatory notice u/s.143(2) of the Act is bad in law. [S.143(2), 148, 292B].

Gulab Badgujar (HUF)) v. ITO (2019) 179 ITD 807 (Pune) (Trib.)

S. 80P : Co-operative societies–Supply of milk to mother diary– Deduction u/s.80P(2)(b) is allowable-Interest earned by it from deposits made with nationalised/private banks, however, said benefit was available in respect of interest earned on deposits made with co-operative bank. [S. 80P(2)(b), 80P(2)(d)]

Surendranagar District Co-op. Milk Producers Union Ltd. v. DCIT (2019) 75 ITR 339 / 179 ITD 690 (Rajkot.)(Trib.)

S. 73 : Losses in speculation business–AO cannot compare funds deployed in shares held as investment as against funds deployed of loans and advances-loss incurred by it in share transactions was assessable as business loss which could be set off against its business income. [S. 28(i)]

ITO v. Shankar Sales Promotion (P.) Ltd. (2019) 179 ITD 797 (Kol.)(Trib.)

S. 68 : Cash credits-Shares at premium-Confirmation is filed and source is explained–addition as cash credits is held to be not justified. [S. 133(6)]

Prime Comfort Products (P.) Ltd. v. ACIT (2019) 179 ITD 647 (Delhi)(Trib.)