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. 145 : Method of accounting–Inclusive method–There is no need to credit separately made on account of excise duty to the profit and loss account.

Dy. CIT v. Stewarts and Lloyds of India Ltd. (2019) 74 ITR 677 (Kol.)(Trib.)

S. 145 : Method of accounting–Percentage completion method– Corresponding expenditure incurred in relation to unbilled sales–Sales include sub contract charges-Provision to be made–Rule of constancy to be followed.

Dy. CIT v. Stewarts and Lloyds of India Ltd. (2019) 74 ITR 677 (Kol.)(Trib.)

S. 145 : Method of accounting-Works contract tax(TDS)-When sale is offered corresponding amount of works contract is allowable as deduction. [S. 37(1)]

Dy. CIT v. Stewarts and Lloyds of India Ltd. (2019) 74 ITR 677 (Kol.)(Trib.)

S. 143(3) : Assessment-Unaccounted sales–Addition can be made only after the consideration of purchases and ancillary expenses-Addition is restricted to only profit margin.

ACIT v. Creamy Foods Ltd (2019) 55 CCH 377 /70 ITR 59 (SN) (Delhi)(Trib.)

S. 143(3) : Assessment–Ad hoc addition-No understatement by assessee-Addition on ad hoc basis at 50% is held to be not sustainable.

C.L. Chandradhara v. CIT (2019) 55 CCH 0468 / 71 ITR 246 (Bang.)(Trib.)

S. 133A : Power of survey-unaccounted receivables–Surrender of income Deemed income-Categorization/characterization of income surrendered-business income-Set off of losses was to be allowed [S. 69A 69B]

Dy. CIT v. Mehta Engineers Ltd. (2019) 177 DTR 140 (Chd.)(Trib.) Famina Knilt Fabs v. ACIT (2019) 177 DTR 140 (Chd.)(Trib.)

S. 133A : Power of survey-Undisclosed income-Loose papers-Bona fide mistake by director in surrendering income-Set off of expenditure is allowable. [S. 115BBE]

Dy.CIT v. Dthri Health Care P. Ltd. (2019) 69 ITR 17 (SN) (Indore) (Trib.)

S. 127 : Power to transfer cases-Opportunity of hearing–Assessee’s case was transferred from one AO to another AO having offices in different localities/places, notice had to be given to assessee-Order is held to be void ab initio and barred by limitation. [S. 127(1), 143(2), 292B]

Vijay Vikram Dande Kurnool v. ADIT (2019) 178 ITD 139 (Hyd.) (Trib.)

S. 115O : Domestic companies-Tax on distributed profits–Charging section –No need for issuance of notice before making a demand–Profits distributed to share holders is deemed to be dividend-Reduction on share capital can be effected by buying back shares–Advance Ruling cannot be given if an enquiry is pending against the assessee-Writ will not normally be issued if there is alternative remedy-Liberty is given to file an appeal. [S. 2(22), 245R, 246A, Art. 226 Companies Act,1956 S. 391, 393]

Cognizant Technology Solutions India (P) Ltd. v. DCIT (2019) 418 ITR 576 / 310 CTR 515 / 181 DTR 371/( 2020) 269 Taxman 151 (Mad.)(HC) Editorial : Order of single judge in Cognizant Technology Solutions India (P) Ltd. v. DCIT (2019) 416 ITR 462 (Mad) (HC) is partly affirmed.

S. 115J : Book profit–Only the adjustments to the extent provided in the Explanation to S. 115 can be made. [Companies Act, 1956]

Dy. CIT v. Stewarts and Lloyds of India Ltd. (2019) 74 ITR 677 (Kol.)(Trib.)