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. 160 : Representative assessee-Transparent entities-When an assessee is a representative assessee of a tax transparent entity, it is the status of beneficiaries or constituents of tax transparent entities which is relevant for the purpose of determining treaty protection–DTAA–India–Netherlands. [S. 10(38), 45, Art.13]

ING Bewaar Maatschappiji BV v. DCIT ( 2019) 184 DTR 321 (Mum.)(Trib.), www.itatonline.org

S. 154 : Rectification of mistake-When issues were debatable one, where more than one opinion was possible, no adjustment under section 143(1)(a) is permissible. [S. 143(1)(a)]

City Manager Association v. ACIT(2019) 74 ITR 57 (SN) (Ahd.)(Trib.)

S. 154 : Rectification of mistake–Failure to consider the Judgement of High Court or Supreme Court–Mistake apparent from record-Can be subject matter of rectification though the claim is not made during original assessment proceedings or appellate proceeding.

Dy. CIT v. Sharda Cropchem Ltd. (2019) 178 DTR 83 / 71 ITR 141 / 199 TTJ 960 (Mum.)(Trib.)

S. 153A : Assessment-Search or requisition-Share application moneys-no evidence of receipt of unsecured loan-In the absence of incriminating material found during search-Addition on account of share application money is held to be not justified. [S. 68, 132(4)]

Dy. CIT v. Krishna Marble (2019) 72 ITR 418 (Jodhpur)(Trib.)

S. 153A : Assessment-Search or requisition-Assessment for relevant year completed-No addition could be made. [S. 68, 132]

Dy. CIT v. Jammu Metalic Oxides Pvt. Ltd. (2019) 72 ITR 449 (Jaipur) (Trib.)

S. 153A : Assessment–Search-Share application money–No incriminating material was found–Addition cannot be made–Opportunity to cross examination must be given of the entry operators. [S. 68, 132]

Dy. CIT v. Rashmi Metaliks Ltd. (2019) 72 ITR 226 / 201 TTJ 160 (Kol.)(Trib.) Dy. CIT v. Ramani Joseph (2019) 72 ITR 226 / 201 TTJ 160 (Kol.)(Trib.)

S. 153A : Assessment–Search-No incriminating material was found-Addition cannot be made. [S. 68, 132]

Dy. CIT v. Pacific Industries Ltd. (2019) 72 ITR 634 (Jodh.)(Trib.) Dy. CIT v. Pacific Leasing And Research Ltd. (2019) 72 ITR 634 (Jodh.)(Trib.)

S. 153 : Assessment–Limitation–Special audit under section 142(2A) is not in accordance with law, time limit for making assessment cannot be extended for time taken for special audit. [S. 142(2A)]

Consulting Engineering Services India (P) Ltd. v. ACIT (2019) 175 DTR 217 / 198 TTJ 21 (Delhi)(Trib.)

S. 151 : Reassessment-Sanction for issue of notice-Share capital-Share premium-Approval-mechanical approval mentioning “Yes”–Non application of mind – Reassessment is held to be bad in law. [S. 147, 148]

Blue Chip Developers (P) Ltd. v. ITO (Trib.)(Delhi), www. itatonline.org

S. 151 : Reassessment-Sanction for issue of notice–Sanction by CIT instead JCIT–Reassessment is held to be bad in law. [S. 147, 151]

PCIT v. Khushbu Industries (Bom)(HC), www. itatonline. org