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. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash deposits-Detailed reply along with documentary evidence filed before Assessing Officer to explain source of Cash deposits-Order neither erroneous nor prejudicial to the interest of revenue.

Sameer Gupta v. PCIT (2020)82 ITR 180 (Indore)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Charitable trust-Assessment Order Cryptic and without any discussion-Revision is held to be justified. [S. 11, 12A]

Mymul Raitha Kalyana Trust v. CIT(E) (2020) 82 ITR 434 (Bang.) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Search and Seizure-Original assessment completed prior to date of search-No incriminating documents found during search-Revision is held to be not valid. [S. 143(3), 153A]

Kusumlata Sonthalia v. PCIT (2020) 82 ITR 382 (Kol.)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Delay in filing miscellaneous application two years 11months-No specific power conferred on Tribunal to condone delay in filing miscellaneous applications-Miscellaneous applications dismissed.

Daryapur Shetkari Sahakari Ginning and Pressing Factory Ltd. v. ACIT (2020) 82 ITR 547 (Nag.)(Trib.)

S. 251 : Appeal-Commissioner(Appeals)-Powers-Power of enhancement-Short term capital gains-No power to assess new source of income. [S. 45]

Dharam Bir Singh v. ITO (2020) 82 ITR 176 (Delhi)(Trib.)

S. 195 : Deduction at source-Non-resident-Other sums-Income Deemed to accrue or arise in India Purchasing spare parts through Indian subsidiary-Business connection is established-Liable to deduct tax at source. [S. 9(1)(i)]

Sanghvi Foods P. Ltd. v. ITO (IT.& TP) (2020) 82 ITR 362 / 193 DTR 318/206 TTJ 81 (Indore)(Trib.)

S. 192 : Deduction at source-Salary-Employee stock ownership plan-Stock option not perquisite-Not taxable-No liability upon assessee to deduct tax at source. [S. 17]

NXP India Pvt. Ltd. v. Dy.CIT (2020) 82 ITR 467 (Bang.)(Trib.)

S. 147 : Reassessment-Non-Resident-No jurisdiction-Transfer of proceedings to competent jurisdiction-No notice was issued by Assessing Officer of competent jurisdiction-Reassessment not valid-Void ab initio. [S. 127, 148]

Manjit Singh v. Dy.CIT (IT) (2020) 81 ITR 454 / 195 DTR 121 / 207 TTJ 1041 (Chd.)(Trib.)

S. 147 : Reassessment-After the expiry of four years-Accommodation entry-No failure to disclose material facts-Reassessment is held to be bad in law. [S. 148, ITAT R. 27]

ACIT v. Shiv Vegpro Pvt. Ltd. (2020) 82 ITR 195/208 TTJ 355 (Jaipur)(Trib.)

S. 145 : Method of accounting-Valuation of stock-Bank-Premium paid at time of purchase of securities-Valuation of securities held to maturity category at cost-Followed consistently-Addition is held to be not justified-Loss on shifting of securities from held for trading and available for sale categories to held to maturity category-allowable as business loss. [S. 28(i)]

Dy. CIT v. Punjab National Bank (2020) 82 ITR 95 (Delhi)(Trib.)