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. 271B : Penalty-Failure to get accounts audited–Audit report was available with AO on date of completion of assessment–Reasonable cause–Penalty not warranted. [S. 273B]

P. Senthil Kumar v. CIT (2019) 416 ITR 336 (Mad.)(HC)

S. 260A : Appeal-High Court–Open remand-Remanding matter to AO without recording any finding–No question of law. [S. 35D, 254(1)]

CIT v. Apollo Tyres Ltd. (No. 1) (2019) 416 ITR 519 (Ker.)(HC)

S. 260A : Appeal-High Court-Pendency of petition for rectification before Tribunal is not relevant to decide the maintainable of appeal before High Court.[S. 254(2)]

Daimler India Commercial Vehicles P. Ltd. v. DCIT (2019) 416 ITR 343/ 183 DTR 92/(2020) 313 CTR 44 (Mad.)(HC)

S. 254(1) : Appellate Tribunal-Powers-Claim for deduction which is not made in return or revised return-Tribunal has power to allow deduction.[S. 139(1), 139(5)]

PCIT v. Ankit Metal and Power Ltd. (2019) 416 ITR 591/ 182 DTR 333/ 266 Taxman 237/ 311 CTR 369 (Cal.) (HC)

S. 234C : Interest-Deferment of advance tax–Waiver of interest– Demerger of business-Advance tax payment made by demerged company after appointed date-Resulting company entitled to waiver of Interest.[S. 119]

Ultratech Cement Ltd. v. CCIT (2019) 416 ITR 449/ 311 CTR 7 (Bom.)(HC)

S. 158BC : Block assessment–Undisclosed income–Telescoped– Tribunal remanding the order is held to be erroneous- Addition made by the AO is held to be valid. [S. 132, 254(1)]

CIT v. Malayil Bankers. (2019) 416 ITR 322/( 2020) 185 DTR 347 / 314 CTR 568 (Ker.)(HC)

S. 154 : Rectification of mistakes-Amalgamation of companies-Rectification for disallow claim allowed u/s. 80HHC is held to be not valid. [S. 80HHC]

CIT v. Harrisons Malayalam Ltd. (2019) 416 ITR 509 (Ker.)(HC)

S. 154 : Rectification of mistake-An order of rectification, on the basis of the law declared by the Supreme Court or the High Court is permissible-Non-resident-Shipping business–option to assessee- Interest can be levied. [S. 172, 234B, 234C]

CIT v. Norasia Lines (Malta) Ltd. (2019) 416 ITR 271 (Ker)(HC)

S. 147 : Reassessment-Amalgamation of companies-Change of previous year allowed by AO-Reassessment proceedings on ground that AO was not aware of amalgamation of companies- Held to be not valid. [S. 148]

CIT v. Harrisons Malayalam Ltd. (2019) 416 ITR 509 (Ker.)(HC)

S. 147 : Reassessment-Notice-Order passed without disposing of objections raised by assesse-Reassessment Order is set aside to consider the objections.[S. 148]

Surendra Kumar Jain. v. CIT (2019) 416 ITR 340 (Delhi)(HC)