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. 154 : Rectification of mistake-An order of rectification, on the basis of the law declared by the Supreme Court or the High Court is permissible-Non-resident-Shipping business–option to assessee- Interest can be levied. [S. 172, 234B, 234C]

CIT v. Norasia Lines (Malta) Ltd. (2019) 416 ITR 271 (Ker)(HC)

S. 147 : Reassessment-Amalgamation of companies-Change of previous year allowed by AO-Reassessment proceedings on ground that AO was not aware of amalgamation of companies- Held to be not valid. [S. 148]

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

S. 147 : Reassessment-Notice-Order passed without disposing of objections raised by assesse-Reassessment Order is set aside to consider the objections.[S. 148]

Surendra Kumar Jain. v. CIT (2019) 416 ITR 340 (Delhi)(HC)

S. 147 : Reassessment–Reasons for issue of notice must be given –Objections must considered by passing speaking order– Reassessment is held to be not valid-Existence of alternative remedy would not bar issue of writ. [S.148, Art. 226]

North Eastern Electric Power Corporation v. PCIT (2019) 416 ITR 425/ 182 DTR 16/ 310 CTR 706 (Meghalaya) (HC)

S. 127 : Power to transfer cases–Reasons must be recorded- Objections must be considered-Order of transfer is held to be not valid.

MRL Postnet Private Limited. v. CIT (2019) 416 ITR 407 (Mad.) (HC)

S. 119 : Central Board of Direct Taxes-Refund claims and carry forward the losses-Delay in filing of return-Refusal to condone the delay would cause genuine hardship to assessee-Rendering substantial justice is the paramount consideration of the Courts as well as the authorities rather than deciding on hyper technicalities.[S. 139(9)]

Surendranagar District Co-Operative Bank Ltd. v. DCIT (2019) 416 ITR 294/182 DTR 353/ 311 CTR 91 (Guj.)(HC) Editorial : SLP of revenue is dismissed DCIT v. Surendranagar District Co-Operative Bank Ltd. (2019) 416 ITR 296 (SC).

S. 115O : Domestic companies-Tax on distributed profits–Charging section–No need for issuance of notice before making a demand– Profits distributed to share holders is deemed to be dividend- Reduction on share capital can be effected by buying back shares –Advance Ruling cannot be given if an enquiry is pending against the assessee-Writ will not normally be issued if there is alternative remedy. [S. 2(22), 245R, Art.226]

Cognizant Technology Solutions India P. Ltd. v. DCIT, LTU (2019) 416 ITR 462 / 255 Taxman 100 (Mag.) / 181 DTR 382/ 310 CTR 527(Mad.)(HC) Editorial : Order of single judge is partly affirmed ; Cognizant Technology Solutions India (P) Ltd .v. DCIT (2019) 418 ITR 576 / 310 CTR 515 / 181 DTR 371 (Mad)(HC)

S. 80IA : Industrial undertakings-Two manufacturing units-Deduction at 30% of eligible business–Not on total income.[S. 80AB]

CIT v. Apollo Tyres Ltd. (No. 5) (2019) 416 ITR 571 (Ker.)(HC)

S. 80IA : Industrial undertakings–Interest on bank deposits do not constitute business income for claiming deduction.

CIT v. Apollo Tyres Ltd. (No. 3) (2019) 416 ITR 554 (Ker.)(HC)

S. 80HHC : Export business-Deduction is allowable on the basis of finally assessed income.

CIT v. Apollo Tyres Ltd. (No. 3) (2019) 416 ITR 554 (Ker.)(HC)