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. 32 : Depreciation – Cranes used in hiring business- Nomenclature in Motor Vehicle Act can not be test for allowability of depreciation – Entitle depreciation at 30% .

Prasad Multi Services (P) Ltd. v. Dy. CIT (2020) 423 ITR 542/ 317 CTR 873 (Guj.) (HC)

S. 2(35) : Principal officer – Burden is revenue to demonstrate that the assessee is key management personal – Notice served is held to be bad in law [ S. 2(35)(b) ]

A. Harish Bhat v. ACIT (2020) 317 CTR 957 / 195 DTR 105 / 317 CTR 957 / 269 Taxman 218 (Karn) (HC)

Wealth -tax Act , 1957
S. 17 : Reassessment – Limitation – Matter remanded to wealth tax officer for verification [ S .18 (1)(c ) ]

EDC Ltd. v. CWT (2020) 191 DTR 397 / 315 CTR 760 (Bom) (HC

S. 264 :Commissioner – Revision of other orders – Delay in flling the writ petition against revision order – No explanation was furnished – Writ petition was dismssed [ S. 154 , 271(1) (c ), Art , 226 ]

H.M. Sahajhan v. PCIT (2020) 192 DTR 278 (Ker) (HC)

S. 260A : Appeal – High Court – Review –Low tax effect -Audit objection – Appeal decided as per CBDT Circular dt 8 -8 -2019- No error apparent on the face of the record Review petition was dismissed .[ S.268A]

ITO v. Kalimuddin Badnawarwala (2020) 191 DTR 359 / 315 CTR 587 (MP) (HC)

S. 254(1) : Appellate Tribunal – Duties- Additional income offered -Confirming the levy of concealment penalty without giving an opportunity is held to be bad in law – Matter remanded to the Appellate Tribunal . [ S.271(1)(c)]

S & P Foundation P. Ltd. v. ACIT (2020) 195 DTR 10 (Mad) (HC)

S. 254(1) : Appellate Tribunal – Duties- Charitable Trust – Computation of income -Commercial sense – Matter remanded [ S. 2(24), 2(45), 11 ]

Cutchi Memon Union v. Dy. CIT(E) (2020) 195 DTR 351/(2021) 318 CTR 335 (karn) (HC)

S. 254(1) : Appellate Tribunal – Duties- Cryptic and suffers from the vice of non application of mind- Matter remanded to the Tribunal . [S.37 (1)]

CIT v. Rjamahal Silks Partnership Firm (2020) 194 DTR 25 / ( 2021 ) 323 CTR 853 (Karn) (HC)

S.225 :Collection and recovery -Stay of proceedings – Pendency of first appeal – Bank account cannot be attached without giving a reasonable opportunity of hearing – Attachment of bank account was set aside – Assessing Officer must objectively decide the application for stay considering that an appeal lies against his order – The matter must be considered from all its facets, balancing the interest of the assessee with the protection of the Revenue.- Directed to hear the stay application with in six weeks from the date of the order [ S. 226 , 250, Art . 226 ]

Mansukhlal Amritlal Modi v. ITO (2020) 195 DTR 255 / 318 CTR 320 (Bom) (HC)

S. 158BC : Block assessment – Satisfaction – Recorded after competition of assessment – Capital gains – Transfer-A satisfaction note is sine qua non and could be prepared at either of following stages , at the time of or along with the initiation of proceedings against the person searched under section 15C of the Act , along with the assessment proceedings under section 158 BC and immediately after the assessmmeent proceeings are completed under section 158BC of the person sercched – Order of Tribunal is quashed . [ S.2(47)(v) , 45, 132 158BD ]

CIT v. N. Ramakrishnan (2020) 193 DTR 93 / 316 CTR 461 (Ker) (HC)