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
Click here to download the pdf versions of the Digest of case laws

S. 147 : Reassessment-Change of opinion-Manufacturing business-Loss on sale of shares-Business loss or capital loss-Reassessment was quashed on the ground of change of opinion. [S. 28(i), 45, 148]

PCIT v. Atul Ltd. (2020) 119 taxmann.com 286 (Guj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Atul Ltd. (2020) 274 Taxman 230 (SC)

S. 147 : Reassessment-Business expenditure-Royalty-Reassessment was quashed on the ground that the AO could not have revisited the same issue on the pretext that a binding decision was overlooked. [S. 37(1), 148]

PCIT v. Moser Baer India Ltd. (2020) 114 taxmann.com 548 (Delhi) (HC) Editorial : SLP of revenue is dismissed, PCIT v. Moser Baer India Ltd (2020) 270 Taxman 4 (SC)

S. 147 : Reassessment-Change of opinion-Operational expenses-No new facts-Reassessment is held to be not valid. [S. 147]

PCIT v. Zee Media Corporation Ltd. (2020) 114 taxmann.com 192 (Bom.)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Zee Media Corporation Ltd. (2020) 270 Taxman 180 (SC)

S. 147 : Reassessment-Method of accounting-Estimation of profit-Reassessment is held to be not valid. [S. 145, 148]

PCIT v. Ganga Glazed Tiles (P.) Ltd. (2020) 117 taxmann.com 107 (Guj.)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Ganga Glazed Tiles (P.) Ltd (2020) 272 Taxman 13 (SC)

S. 147 : Reassessment-After the expiry of four years-Research and development expenditure-Change of opinion-Reassessment notice in respect of first ground was up held and in respect of second ground is held to be not valid. [S.133A, 148, Art. 226]

Sun Pharmaceutical Industries Ltd. v. Dy.CIT (2020] 117 taxmann.com 115 (Guj.)(HC) Editorial : SLP of revenue is dismissed. Dy.CIT v. Sun Pharmaceutical Industries Ltd. (2020) 272 Taxman 407 (SC)

S. 145 : Method of accounting-Valuation of shares-No substantial question of law. [S. 260A]

PCIT v. Microfilm Capital (P.) Ltd. (2020) 113 taxmann.com 88 (Cal.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Microfilm Capital (P.) Ltd. (2020) 269 Taxman 1 (SC)

S. 145 : Method of accounting-Set aside order by Appellate Tribunal-Fresh order passed by the Assessing Officer-Order of Tribunal is affirmed. [S.254 (1)]

Madhur Vegoils (P.) Ltd. v. ITO (2020) 113 taxmann.com 248 (Raj.)(HC) Editorial : SLP of assessee is dismissed, Madhur Vegoils (P.) Ltd. v. ITO (2020) 269 Taxman 102 (SC)

S. 143(3) : Assessment-Suppression of sales-Addition is held to be not justified on the basis of material collected from Excise Department. [S. 68, 145]

PCIT v.Gokul Ceramics (P.) Ltd. (2020) 120 taxmann.com 240 (Guj.)(HC) Editorial : SLP of revenue is dismissed as withdrawn due to low tax effect, PCIT v. Gokul Ceramics Pvt Ltd (2020) 275 Taxman 12 (SC)

S. 143(3) : Assessment-In adequate sale consideration based on valuation report-Deletion of addition is held to be justified.

PCIT v. Gyan Enterprises (P.) Ltd (2020) 117 taxmann.com 113 (Delhi)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Gyan Enterprises (P) Ltd (2020) 274 Taxman 107 (SC)

S. 143(2) : Assessment-Notice-non-issuance of notice under section 143(2) is not a procedural irregularity and same cannot be cured under section 292BB-Notice issued to prior to filing of return of income, said notice being invalid, assessment order passed in pursuance of same deserved to be set aside. [S. 143 (3), 292BB]

PCIT v. Marck Biosciences Ltd. (2019) 106 taxmann.com 399 (Guj.)(HC) Editorial: SLP of revenue is dismissed as withdrawn due to low tax effect, PCIT v. Amantha Health Care Ltd (2020) 272 Taxman 35 (SC)