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. 143(3) : Assessment-Protective assessment-Lack of confirmation from parties sourcing funds for land purchase-Subsequent substantive assessment in hands of payers becoming final-Addition of same amount in hands of assessee is invalid.[S.69C, 153A]

Bhavesh Commotrade P. Ltd. v Dy. CIT (2024) 110 ITR 180 (Ranchi)(Trib) ACIT v. Suresh Kumar Agarwal (2024)) 110 ITR 180 (Ranchi)(Trib)

S. 143(3) : Assessment-Search And Seizure-Unexplained cash credits-Creditworthiness, genuineness and identity proved-No evidence available for creditors in other assessment years from 2014-15 to 2018-19-Additions are deleted.[S.68, 132]

Bee Pee Rollers P. Ltd. v. Asst. CIT (2024) 110 ITR 402 (Cuttack (Trib) Bajrangbali Re-Rollers P.Ltd v. Asst. CIT (2024) 110 ITR 402 (Cuttack (Trib) Bajrangbali Steel Industries P.Ltd v. Asst. CIT (2024) 110 ITR 402 (Cuttack (Trib)

S. 143(2) : Assessment-Notice-Additional ground-Notice issued by Assessing Officer not having required Jurisdiction-Assessment order is quashed.[S. 143(3)]

Monarch And Qureshi Builders v. Asst. CIT (2024) 110 ITR 76 (Mum)(Trib)

S. 143(1) : Assessment-Intimation-Prima facie adjustments-Additional ground-Appellate Tribunal-Additional ground is admitted-Assessing Officer is duty-bound to intimate either in writing or in Electronic mode before making any adjustment or disallowance to returned income-No intimation is given-Order is quashed. [S.254(1)

Onkar Society for Engineering and Technological Research v. ITO (2024) 110 ITR 393 (Kol)(Trib)

S. 139 : Return of income-Carry forward of loss-Return is filed within time-CIT(A) is recording wrong date-The Assessing Officer is directed to carry forward the loss. [S.139(1), 139(4), 139(5)]

Paytm First Games P. Ltd. v. ACIT (2024) 110 ITR 11 (SN)(Delhi)(Trib)

S. 133A :Power of survey-Statement in the course of survey-Bogus purchases-Statement was retracted within six days-Assessment based solely upon statement of one partner could not be sustained-Without rejecting books of account no addition can be made as bogus purchases-The acceptance by the assessee of the addition in one assessment year could not lead to a conclusion that in all these assessment years, the assessee had inserted bogus purchases in a similar way-Reassessment is valid. [S. 131, 131(IA),133, Evidence Act, 1878, S 31]

Yashaswi Fish Meal and Oil Co. v. Dy CIT (2024) 110 ITR 530 (Bang)(Trib)

S. 133A : Power of survey-Copy of statement recorded was not furnished-Opportunity of cross examination-Matter restored To Assessing Officer for re adjudication after granting assessee adequate opportunity to cross-examine director.

Bee Pee Rollers P. Ltd. v. Asst. CIT (2024) 110 ITR 402 (Cuttack (Trib) Bajrangbali Re-Rollers P.Ltd v. Asst. CIT (2024) 110 ITR 402 (Cuttack (Trib) Bajrangbali Steel Industries P.Ltd v. Asst. CIT (2024) 110 ITR 402 (Cuttack (Trib)

S. 115WB : Fringe benefits-Employer-Employee relationship-Advertisement and business promotion expenses-Conference and meeting expenses and gift articles-Accepting that expenses incurred for benefit of Doctors-No employer and employee relation ship-Addition is deleted. [S.115W(2)(d), 115WB(2)(o)]

Piramal Enterprises Ltd. v. Dy. CIT (2024)110 ITR 58 (SN)(Mum)(Trib)

S. 115JB : Company-Book profit-Lease equalisation reserve created on leases on buildings being used by assessee-Not to be added while computing book profits.

Xchanging Technology Services India P. Ltd. v. ACIT (2024)110 ITR 52 (SN)(Delhi)(Trib)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Arm’s Length Price-Most appropriate method-Resale price method is most appropriate method-Comparable-Functionally comparable-Deletion of transfer pricing adjustment is proper.

PCIT v. Best Seller Fashion India P. Ltd. (2024)110 ITR 76 (SN)(Mum)(Trib)