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. 281B : Provisional attachment-Recovery of tax-Over 21 Per Cent. of demand already collected-Assessments concluded-No justification to continue with provisional attachment. [S. 226(3)]

Dabur Invest Corp. v. ACIT (2019) 416 ITR 282/ 181 DTR 328/ 310 CTR 591/ 266 Taxman 207 (Delhi)(HC)

S. 277 : Offences and prosecutions-False statement–Verification– Search-Additions made in block assessment based on discrepancy in stocks —Prosecution is not valid. [S. 132, 136, 158BC, 276C(1), 278B, CRPC, 1973, S. 482, IPC 193]

N. R. Agarwal Industries Ltd. v. JCIT (2019) 416 ITR 578 / 306 CTR 153 (Guj.)(HC)

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source–No reasonable cause was shown for delay -Launching of prosecution is held to be valid. [S.201, 278AA, 279]

Golden Gate Properties Ltd. v. Income-Tax Department DCIT (TDS) (2019) 416 ITR 399/ 265 Taxman 213 (Karn.)(HC)

S. 271B : Penalty-Failure to get accounts audited–Audit report was available with AO on date of completion of assessment–Reasonable cause–Penalty not warranted. [S. 273B]

P. Senthil Kumar v. CIT (2019) 416 ITR 336 (Mad.)(HC)

S. 260A : Appeal-High Court–Open remand-Remanding matter to AO without recording any finding–No question of law. [S. 35D, 254(1)]

CIT v. Apollo Tyres Ltd. (No. 1) (2019) 416 ITR 519 (Ker.)(HC)

S. 260A : Appeal-High Court-Pendency of petition for rectification before Tribunal is not relevant to decide the maintainable of appeal before High Court.[S. 254(2)]

Daimler India Commercial Vehicles P. Ltd. v. DCIT (2019) 416 ITR 343/ 183 DTR 92/(2020) 313 CTR 44 (Mad.)(HC)

S. 254(1) : Appellate Tribunal-Powers-Claim for deduction which is not made in return or revised return-Tribunal has power to allow deduction.[S. 139(1), 139(5)]

PCIT v. Ankit Metal and Power Ltd. (2019) 416 ITR 591/ 182 DTR 333/ 266 Taxman 237/ 311 CTR 369 (Cal.) (HC)

S. 234C : Interest-Deferment of advance tax–Waiver of interest– Demerger of business-Advance tax payment made by demerged company after appointed date-Resulting company entitled to waiver of Interest.[S. 119]

Ultratech Cement Ltd. v. CCIT (2019) 416 ITR 449/ 311 CTR 7 (Bom.)(HC)

S. 158BC : Block assessment–Undisclosed income–Telescoped– Tribunal remanding the order is held to be erroneous- Addition made by the AO is held to be valid. [S. 132, 254(1)]

CIT v. Malayil Bankers. (2019) 416 ITR 322/( 2020) 185 DTR 347 / 314 CTR 568 (Ker.)(HC)

S. 154 : Rectification of mistakes-Amalgamation of companies-Rectification for disallow claim allowed u/s. 80HHC is held to be not valid. [S. 80HHC]

CIT v. Harrisons Malayalam Ltd. (2019) 416 ITR 509 (Ker.)(HC)