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. 260A : Appeal-High Court-Capital gains-Full value of consideration-Stamp valuation-Reference to DVO-Grounds not raised before the Tribunal-Not allowed to raise the ground in an appeal before High court. [S. 45, 50C, 254(1)]

Vipin Mehta v. CIT (2020) 270 Taxman 67 (Bom.)(HC)

S. 250 : Appeal-Commissioner (Appeals)-Dismissal of appeal as defective and also stay application-Matter remitted to Commissioner (Appeals) for consideration and decision afresh on merits. [S. 271B, Art. 226]

Vattiyoorkavu Service Co-op. Bank Ltd. v. ITO (2020) 270 Taxman 274 (Ker.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of Appeal before CIT (A)-Directed to deposit Rs. 2 lakhs and stay was granted till disposal of appeal. [S. 220(6), 246A]

Suresh Anuradha v. CIT (2020) 270 Taxman 124 (Mad.)(HC)

S. 147 : Reassessment-Any hypothesis or contingency that may emerge in future-Protective addition-Reassessment is bad in law. [S. 148, Art. 226]

Vinodbhai Jivrajbhai Radbiya v. ITO (2020) 270 Taxman 304 (Guj.)(HC)

S. 147 : Reassessment-After the expiry of four years-Housing project-Completion certificate issued within four years from date of obtaining permission-Re assessment is held to be bad in law. [S. 80IB(10), 148 Art. 226]

Sheetal Infrastructure (P) Ltd v. ACIT (2020) 270 Taxman 316 (Guj.)(HC)

S. 48 : Capital gains-Computation-Industrial building-Failure to produce confirmation-Expenses in relation to cost of construction of gala is held to be not allowable as deduction. [S. 45, 260A]

Vipin Mehta v. CIT (2020) 270 Taxman 67 (Bom.)(HC)

S. 45(2) : Capital gains-Conversion of a capital asset in to stock-in-trade-Shares as investment-Valued the stock at lower of cost-Matter remanded to the Assessing Officer. [S. 45]

Deepa S. Pai (Smt.) v. Dy.CIT (2020) 270 Taxman 148 (Karn.)(HC)

S. 45 : Capital gains-Business income-Dealing in land-Industrial building-Outright purchase and sale-Assessable as short term capital gains and not as business income-Question of fact. [S. 28(i), 260A]

Vipin Mehta v. CIT (2020) 270 Taxman 67 (Bom.)(HC)

S. 37(1) : Business expenditure-Real estate business-Forfeiture of advance-Allowable as business expenditure. [S. 28(i), 45]

PCIT v. Frontiner Land Development P. Ltd. (2020) 270 Taxman 63 (Delhi)(HC)

Prohibition of Benami Property Transactions Act, 1988 –

S. 24: Notice and attachment of property – Provisions of Act providing for confiscation of properties found to be ‘Benami’ could be applied in respect of transactions carried out prior to 1-11-2016, i.e. date on which amended provision of law by virtue of Amendment Act, 2016 came into force.

Tulsiram v. Asst. CIT (Benami Prohibition) (2020) 270 Taxman 309 (Chhattisgarh)(HC)