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-Business income-Joint Development Agreement-Percentage of completion method-Entries in books of account-No addition could be made based on difference between Form 26AS and amount shown in profit and loss account. [S. 28(i), 194A]

Sree Sankeswara Foundations and Investments v. ACIT (2020) 82 ITR 513 (Chennai)(Trib.)

S. 143(3) : Assessment-Income from undisclosed sources-Short-term capital loss-Bogus transaction-Denial of opportunity of cross examination-Disallowance not solely on basis of statement of persons but on other corroborative materials-Denial of opportunity to cross-examine and mentioning wrong section would not render the assessment order null and void. [S. 68, 69C]

Sanjay Kaul v. ITO (2020) 181 ITD 146/ 82 ITR 441 /191 DTR 60/ 206 TTJ 176 (Delhi)(Trib.) Editorial : Affirmed in Sanjay Kaul v. PCIT (2020) 427 ITR 63/274 Taxman 301/119 taxmann.com 470/193 DTR 57 (Delhi)(HC)

S. 143(3) : Assessment-Same turnover cannot be taxed in hands of two different assesses-Addition unsustainable-AO is directed to adopt Profit ratio of eight Per Cent as net profit on gross receipts [S. 147, 148]

Rajesh Gupta v. ITO (2020) 82 ITR 517 (Delhi)(Trib.)

S. 133A : Power of survey-Undisclosed Sales-Quantity tally of stock maintained-Merely on the basis of confessional statement addition cannot be made.

Murlidhar Deendayal v. ITO (2020) 82 ITR 223 (Jaipur)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Comparables-High degree of brand value-Cannot be comparable.

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

S. 92C : Transfer pricing-Arm’s length price-Advertising and promotion expenses-Reimbursement of expenses-Adjustment is held to be not valid-Additional evidence-Packaging, design cost-Issue remanded-Depreciation-Good will-Actual cost-Matter remanded. [S. 32, 92CA(3), 234A, 234B, 254(1)]

L’oreal India Pvt. Ltd. v. Dy. CIT (2020) 82 ITR 595 (Mum.)(Trib.)

S. 68 : Cash credits-Cash deposited of sales-Sales cannot be assesse as cash credits-Only gross profit can be estimated-Ad hoc disallowance of 1/5 of expenses is held to be not justified. [S. 37(1), 143(3)]

ITO v. Darshan Lal (2020) 82 ITR 154 (Delhi)(Trib.)

S. 68 : Cash credits-Identity, genuineness and creditworthiness established-Deletion of addition is held to be justified-Unintended mistakes-Remand report-Deletion of addition is held to be justified. [S. 69C]

ACIT v. Deepak Soni (2020) 82 ITR 324 (Indore)(Trib.)

S. 56 : Income from other sources-Capital asset-Agricultural land-If agricultural land does not fall in definition of capital asset, difference between district level committee value and sales consideration cannot be brought to tax-Matter remanded. [S. 2(14)(iii), 56(2)(vii)(b)]

Prem Chand Jain v. ACIT (2020) 183 ITD 372/ 82 ITR 522/ 194 DTR 37/207 TTJ 629 (Jaipur)(Trib.)

S. 56 : Income from other sources-Notional interest-Security deposit-Only incomes falling under deeming provisions explicitly mentioned in Act can be brought to tax-Burden on revenue-Addition was deleted. [S. 4, 22]

Harvansh Chawla v. ACIT (2020) 82 ITR 160 (Delhi)(Trib.)