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. 5 : Scope of total income-Untilized amount on prepaid card at end of year which was treated as advance in balance-sheet and recognized as a revenue receipt in subsequent year, when talk time was actually used or was exhausted-Addition cannot be made – Order of Tribunal is affirmed. [S. 145].

CIT v. Sistema Shyam Teleservices Ltd. (2019) 260 Taxman 402 (Delhi) (HC) Editorial : SLP of revenue is dismissed, PCIT v. Sistema Shyam Teleservices Ltd. (2019) 265 Taxman 549 (SC)

S. 80IC : Special category States -Allocation of expenditure- Remanding the matter to the AO- No substantial question of law . [ S.254(1) ,260A ]

CIT v. Glenmark Pharmaceuticals Ltd ( 2019) 417 ITR 479/ 260 Taxman 249 ( Bom) (HC)

S. 56 : Income from other sources – Valuation of shares- substantiation of the fair market value on the basis of the valuation done by the assessee simply cannot be rejected where the assessee has demonstrated with evidence that the fair market value of the asset is much more than the value shown in the balance sheet. [ S.56(2) (viib) , R.11UA ]

India Convention and Culture Centre Pvt. Ltd. v. ITO ( 2019) 75 ITR 538(Delhi)(Trib), www.itatonline.org

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Waiver of loan- Cannot be assessed as cessation of liability or as business income .[ S.28(iv) ]

PCIT v. Colour Roof (India) Ltd.(Bom)(HC),www.itatonline.org

S.28(i): Business income- Client code modification-(CCM )- Shifting of profits- Addition as income on the basis of alleged doubtful transaction is held to be not valid – Deletion of addition b the Tribunal is affirmed . [ S.69, 143(3) ]

PCIT v. Pat Commodity Service Pvt. Ltd. (Bom)(HC), www.itatonline.org

Goods and service tax. Finance Act 1994

S. 65: Builder- Collection of non refundable deposits – Not liable to collect service tax .

CST v. Crescendo Associates ( Bom) (HC) www.itatonline.org CST v. Shri Krishna Chaitanya Enterprises ( Bom)(HC) www.itatonline.org CST v. Green Valley Developers( Bom) (HC) www.itatonline.org , CST v Kumar Rathi ( Bom) (HC) www.itatonline.org

S. 220 : Collection and recovery – Assessee deemed in default –Pendency of appeal before CIT(A)- Stay of demand – The power of the AO to review the situation every six months, would not authorize him to lift the stay previously granted after full consideration and insist on full payment of tax without the assessee being responsible for delay in disposal of the appeal or any other such similar material change in circumstances.[ S.220(6) , 254(2A) ]

Oracle Financial Services Software Ltd. v. DCIT (Bom)(HC), www.itatonline.org

S. 56 : Income from other sources – The assessee has the option to determine the fair market value of shares either under the Discounted cash Flow ( DCF) method or the Net Asset Valuation ( NAV) method. [56(2)(viib ), R. 11UA ]

Narag Access Pvt. Ltd. v. DCIT (Mum)(Trib), www.itatonline.org

S. 48: Capital gains- Loan liability of mortgaged property – Doctrine of over-riding title- Not deductible from sale consideration while computing the capital gains .[ S. 4,45, 47(xii), 48(1), SAFAESI ACT ,2002 , S.13 ]

Perfect Thread Mills Ltd. v. DCIT ( 2019) 183 DTR 25 / 202 TTJ 1/ (2020) 77 ITR 603/ 181 ITD 1( TM )(Mum)(Trib) www.itatonline.org

Contempt of Courts Act , 1971.

S.2(a):Contempt of court – Advocate -Held to be proper -Judicial independence and courage to be shown while delivering the justice . [S. 12]

Rajesh Tiwari , Advocate v Alok Pandey , Chief Judicial Magistrate ( 2019) 6 SCC 465