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(ea)(v) : Urban Land-Appeal-Maintainability-Law tax effect-Question of law has now been settled by the Supreme Court-Repeated instances of such question of law arising does not arise at all, since the WT Act is no more in force-In such circumstances though the question of law has to be answered in favour of the Revenue, there need be no recovery steps taken for reason of the appeals being below the monetary limits. [S. 260A, 268A]

CWT. v. Meera Jacob (Smt.) (Decd.) (2019) 180 DTR 94 (Ker.)(HC)

S. 275 : Penalty–Concealment-Limitation-Appeal effect order having been passed by AO on 22nd May, 201-The six month period of limitation under will begin to run from that date—Penalty order passed by AO on 26th April, 2018, passed beyond six months, was barred by limitation. [S. 271(1)(c), 275 (1)(a)]

GE Energy Parts Inc. v. DCIT (2019) 310 CTR 729 / 181 DTR 337/(2020)423 ITR 93 (Delhi) (HC) GE Engine Services Distribution LLC v. DCIT (2019) 310 CTR 729 / 181 DTR 337/(2020)423 ITR 93 (Delhi) (HC) GE Japan Ltd. v. CIT (2019) 310 CTR 729 / 181 DTR 337/(2020)423 ITR 93 (Delhi) (HC) Nuovo Pignone. v. DCIT (2019) 310 CTR 729 / 181 DTR 337 /(2020)423 ITR 93 (Delhi) (HC)

S. 271AAB : Penalty-Search initiated on or after 1st day of July 2012-Entries in the books of account–No penalty can be levied. [S. 2(12A)]

Dy. CIT v. Rajgaria Timbers P. Ltd. (2019) 74 ITR 36 (SN) (Kol.)(Trib.)

S. 271AAA : Penalty-Search initiated on or after 1st June, 2007–Common appeal filed–Wrong advice–Delay was condoned–Matter remanded. [S. 246A, 271(1)(c)].

Vijay Kumar Sood. v. DCIT (2019) 178 ITD 251 (Chd.)(Trib.)

S. 271(1)(c) : Penalty–Concealment–Explanation given by the assessee is not proved to be false-Levy of penalty is held to be not valid. [S. 69A, 271AAA]

Dy. CIT v. Kulwant Singh (2019) 180 DTR 177 / 199 TTJ 545 / 104 taxmann. com 340 (Chd.)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Interest on fixed deposit receipts– Messing commission-Shown as exempt income–Levy of penalty is held to be not valid. [S. 148]

Dehradun Club Ltd. v. Dy.CIT (2019) 69 ITR 30 (SN) (Delhi)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Surrender of income voluntarily– Penalty cannot be levied.

Dy. CIT v. Shehla Ahmad (Smt.) (2019) 74 ITR 523 (Luck.)(Trib.)

S. 271(1)(c) : Penalty–Concealment–Recording of satisfaction-In applicable portions are not struck off-Levy of penalty is held to be not valid.

PCIT v. Goa Coastal Resorts & Recreation Pvt. Ltd. (Bom.)(HC), www. itatonline.org

S. 271(1)(b) : Penalty-Failure to comply with notices-Alleged bank account not belong to assessee–No failure on part of assessee-No penalty can be levied. [S. 142(1)]

Charu Modi Bhartia v. DCIT (2019) 177 DTR 1/ 104 taxmann.com 390 (Delhi)(Trib.)

S. 271(1)(b) : Penalty-Failure to comply with notices–Penalty is upheld based on assessee’s conduct and failure to comply with statutory notices but deleted the penalty for five years in the interest of justice. [S.132, 142(1)]

Commitment Mortality Vision Education Society v. ACIT (2019) 74 ITR 62(SN) (Delhi)(Trib.)