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. 153A: Assessment-Search-Assessment completed-Prior to date of search-No incriminating material-Addition is bad in law-Fresh claim cannot be entertained-Assessments for years for which assessments abate-Assessee can lodge new claim not made in regular return of income-Statement-Retraction-Merely on the basis of statement addition cannot be made, if assessee shows he was wrong on facts he admitted. [S. 139,143(3)]
IPCA Laboratories Ltd. v. Dy. CIT (2024)113 ITR 53/ 230 TTJ 409/161 taxmann.com 511 (Mum)(Trib)
S. 151 : Reassessment-Sanction for issue of notice-Joint Commissioner had merely written “Yes, I am satisfied” and not that “It is a fit case for issue of notice under Section 148”-Approval mechanical and not valid. [S. 148, 151(2)]
Dy. CIT v. Sandeep Bajaj (2024)113 ITR 8 (SN)(Delhi)(Trib)
S. 147 : Reassessment-Moratorium in force-Liquidation-Insolvency and Bankruptcy laws-Code has overriding effect over provisions of Act-CIT(A) is wrong in not adjudicating matter on merits-Matter restored to Commissioner (Appeals) for disposal on merits after affording assessee opportunity of hearing through Liquidator. [S. 147, 148, 178(6), (Insolvency and Bankruptcy Code, 2016,S. 14, 33(5), 53, 238]
ACIT v. Varun Resources Ltd. (2024)113 ITR 73 (SN)(Mum)(Trib)
S. 147 : Reassessment-Survey-Formation of belief of income escaped assessment on wrong facts-Non application of mind-Reason stated non filer-Record shows return was filed on due date-Reassessment notice and consequential order is held to be invalid.[S. 133A, 148]
Darshan Garg (HUF) v. ACIT (2024)113 ITR 718 (Amritsar)(Trib)
S.147: Reassessment-After the expiry of four years-Additional ground-No failure to disclose material facts-Deemed dividend-Current transactions-Accumulated profits-Closing credit balance to be verified-Reassessment is bad in law. [S. 2(22)(e), ITAT R. 27]
Dy. CIT v. Jayantibhai S. Patel (2024)113 ITR 68 (SN) (Ahd) (Trib)
S. 145 : Method of accounting-Change of method-Advance tax-Interest-Matter remanded. [S. 234A]
SH Tech Park Developers P. Ltd. v. ACIT (2024)113 ITR 19 (SN)(Delhi)(Trib)
S. 145 : Method of accounting-Charge of income-tax-Firm off Chartered Accountants rendering professional Services-service tax-Difference between gross receipts as per Income-Tax Return and service tax cannot be treated as income-Diversion by overriding title-Payments to retired partners and spouses of deceased partners in accordance with clauses of partnership deed-Cannot be assessed as income-Deduction of tax at source-Direction of CIT(A) is held to be proper. [S. 4, 5, 37(1)]
Deloitte Haskins And Sells LLP v. NEAC (2024)113 ITR 24 (SN)(Mum) (Trib)
S. 144 : Best judgment assessment-Development of property-Housing project-Work-in-progress-Prescribed Accounting Standards-Addition made on estimated value, without substantial evidence to contradict actual cost recorded is not Justified. [S. 142A, 145(3)]
Shri Hari Corporation v. Dy. CIT (2024)113 ITR 49 (SN) (Ahd)(Trib)
S.143(3): Assessment-Unexplained investment-Difference between value of closing stock furnished to bank and that shown in books of account-Value in books higher-Higher gross profit offered to tax-No defect pointed out in books of account-No Suppression of profits-Addition is not justified.[S. 69, 145]
ITO v. M. M. Poonjiaji Spices Ltd. (2024)113 ITR 294 /230 TTJ 312 /166 taxmann.com 412 (Mum)(Trib)
S. 143(1) : Assessment-Intimation-Prima facie adjustments-Tax Audit report showing unpaid interest-Prima facie adjustment within jurisdiction-Interest on delayed payment of value added tax-Interest not specified for deduction on actual payment basis-Disallowance is not attracted-Interest liability against delayed discharge of statutory liability is entitled to deduction-Interest-Levy of interest is mandatory. [S. 37(1) 43B(a), 139(1), 234A, 234B, 234C, Maharashtra Value Added Tax Act, 2002 S. 30]
Royal Drinks P. Ltd. v ITO (2024)113 ITR 283 (Nag)(Trib)