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. 206C : Collection of tax at source-Failure to collect tax at source–Limitation-No limitation is prescribed-Reasonable period of limitation of four years from end of financial year in question was to be followed-order is quashed. [S. 201(3), 206C(6A)]

Adani Enterprise Ltd. v. DCIT (2019) 178 ITD 373 (Ahd.)(Trib.)

S. 194J : Deduction at source-Fees for professional or technical services-Arbitration charges–Payments to arbitrators is in nature of professional services rendered by legal professionals liable to deduct tax at source. [S. 40(a)(ia)]

ACIT v. HAL Offshore Ltd. (2019) 178 ITD 272/ 202 TTJ 308/ (2020) 185 DTR 392 (Delhi) (Trib.)

S. 147 : Reassessment–Foreign bequest–Request to transfer is pending-Bequest received by assessee at Sri Lanka could not be recognized as income–Reopening is held to be bad on law. [S. 2 (24)(iia), 5, 11(2), 12AA, 143(3), 148, 160(1)(iv), 161(1)]

Mahabodhi Society of India. v. ITO (2019) 74 ITR(T) 485 / 179 ITD 564 (Kol) (Trib.)

S. 145 : Method of accounting–Survey–Estimation of income on the basis of estimated gross profit on sales–Rejection of books of account without any reason-Addition is held to be not valid. [S. 133A, 144]

Mayankkumar Natwarlal Soni v. ACIT (2019) 179 ITD 444/ (2020) 189 DTR 56/ 204 TTJ 761 (Ahd.) (Trib.)

S. 143(2) : Assessment-Service of notice-Notice served on assessee which was not as per addresses as specified in rule 127(2) of 1962 Rules, assessment based on said notice is not valid assessment. [R. 127(2)]

ITO v. Ajay Raj (2019) 178 ITD 379 (Delhi)(Trib.)

S. 139 : Return–Invalid return-Failure to enclose the report from Chartered Accountant in Form No 3CEB–AO must give an opportunity to rectify the defect with in specified time-Reassessment is quashed on the ground of change of opinion. [S. 92E, 139(9), 147, 148, 271BA, ITAT R. 27]

DCIT v. Husco Hydraulics (P.) Ltd. (2019) 179 ITD 559 /(2020) 187 DTR 99/ 205 TTJ 374 (Pune) (Trib.)

S. 115JB : Book profit–Depreciation-Adjustment is held to be not valid. [S. 32, Companies Act, 1956]

ACIT v. HAL Offshore Ltd. (2019) 178 ITD 272/ 202 TTJ 308 /( 2020) 185 DTR 392(Delhi)(Trib.)

S. 80IC : Special category States-Oil exploration activity can be taken as manufacture or production-Eligible for deduction. [S.80IB, 80IC(7)]

ACIT v. Oil India Ltd. (2019) 179 ITD 455/ 182 DTR 25 / 201 TTJ 545 (Guwahati)(Trib.)

S. 80IB : Industrial undertakings–Eligible undertaking-Each oil well can be treated as a separate eligible undertaking–Not required to maintain separate account for each undertaking. [S. 80IC]

ACIT v. Oil India Ltd. (2019) 179 ITD 455 / 182 DTR 25 / 201 TTJ 545(Guwahati)(Trib.)

S. 72 : Carry forward and set off of business losses–Discontinued business-Entitle to set off the loss against business income of the current year. [S. 28(i), 71, 72(1), 176(3A)]

DCIT v. Regency Property Investments (P.) Ltd. (2019) 179 ITD 584 (Mum.)(Trib.)