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. 264 :Commissioner – Revision of other orders – Revision petition seeking rectification of return accepted by department in respect of which intimation is sent under section 143(1) is maintainable-DTAA- India Spain [ S. 9(1)(i),143(1) , 154 Art .12, 13 ]

EPCOS Electronic Components S.A v. UOI (2019) 266 Taxman 23/ (2020) 168 DTR 61/ 316 CTR 126 (Delhi) (HC )

S. 263 : Commissioner – Revision of orders prejudicial to revenue -AO had taken a broad view by accepting cost of fixed assets as recorded in books of account which were also supported by valuation report, then order of Assessing Officer could not be held to be erroneous on ground of lack of enquiry- Estimated cost of valuation for availing bank loan cannot constitute actual cost – It was not mandatory for Assessing Officer to refer valuation to DVO once he was satisfied with cost of construction and cost of fixed assets as recorded in books of account- Revision is held to be not valid . [ S.142A ]

PCIT v. Om Rudra Priya Holiday Resort (P.) Ltd. (2019) 266 Taxman 97/ 311 CTR 935/ 184 DTR 378 (Raj) (HC )

S. 239 : Refunds – Limitation – Condonation of delay -Delay in pronouncement of judgement by AAR -Return claiming the return belatedly – Revenue authorities were to be directed to condone delay in filing return subject to payment of cost and, thereupon, assessee’s claim for refund would be decided in accordance with law .

Tiong Woon Project & Contracting Pte. Ltd. v. CIT (IT) (2019) 266 Taxman 147 (Mad) (HC)

S. 220 : Collection and recovery – Assessee deemed in default – Stay of demand – Pendency of appeal before CIT(A) – Demand of payment of tax is reduced from 20% to 10 % .

Dalpatsinh Ukabhai Vasava. v. PCIT (2019) 266 Taxman 125 /(2020) 424 ITR 354 (Guj) (HC)

S. 194A : Deduction at source – Interest other than interest on securities – Branches of Bank -Deduction of tax at source- Jurisdiction of Assessing Officer- Branches of bank were spread over many districts, Assessing Officer (TDS) of district, where in Head Office was situated, had no jurisdiction in respect of branches spread over other districts. [ S.133A, 201, 260A ]

CIT v. Karnataka Vikas Grameen Bank (2019) 266 Taxman 78 (Karn) (HC)

S. 179 : Private company – Liability of directors – There was nothing on record to suggest that tax dues could not be recovered from company and same could be attributed to any gross neglect, misfeasance or breach of duty on part of assessee in relation to affairs of company, impugned recovery proceedings deserved to be quashed .

Vanraj V. Shah. v. DCIT (2019) 266 Taxman 137/181 DTR 5 (Bom) (HC)

S. 153C : Assessment – Income of any other person – Search- Cash receipts- No payments were made in relevant assessment year- , impugned addition made in assessment year- Deletion of addition is held to be justified . [ S.69A ]

PCIT v. Jayant K. Furnishers. (2018) 98 taxmann.com 394 ( Bom) (HC) Editorial : SLP of revenue is dismissed , PCIT v. Jayant K. Furnishers. (2019) 266 Taxman 91 (SC)

S. 147 :Reassessment -Salaries paid to employees – Reconciliation statement was filed – Reassessment proceedings was quashed .[ S.37(1), 148 ]

Kapadia Money Changers (P.) Ltd. v. ACIT (2019) 266 Taxman 160/(2020)423 ITR 633 (Guj) (HC)

S.147: Reassessment-After the expiry of four years- Capital gains- No failure on the part of assessee to disclose truly and fairly material facts – Reassessment is held to be bad in law . [ S.50C 54B , 148 ]

Devendrasinh Chhatrasinh Vaghela v JT.CIT ( 2018) 97 taxmann.com 173 (Guj)( HC) Editorial: SLP of revenue is dismissed due to low tax effect , JT.CIT (OSD) v. Devendrasinh Chhatrasinh Vaghela. (2019) 266 Taxman 90 (SC)

S. 115JB : Book profit – Provision for diminution in value of investment- Written off in the books – Addition cannot be made to book profit . [ S. 115JB(2)(i), Accounting Standard (AS) 13 ]

PCIT v. Torrent (P.) Ltd. (2019) 266 Taxman 151 /( 2020) 423 ITR 455 (Guj) (HC)