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. 143(3) : Assessment-Audit of accounts-Audited financial statements along with audit report was not filed-In the interest of substantial justice AO to make assessment after considering audited financial statement and audit report. [S. 44AB]
Global One India Pvt. Ltd. v. DCIT (2020) 194 DTR 361 / 208 TTJ 129 (Delhi)(Trib.)
S. 143(2) : Assessment-Notice-Income returned in pursuance of notice issued u/s. 148 was accepted-Requirement of issue of notice u/s. 143(2) is not required-Assessment is valid. [S. 147, 148]
Bhaval Synthetics (India) Ltd. v. Dy. CIT (2020) 196 DTR 265 / 208 TTJ 937 (Jaipur)(Trib.)
S. 139 : Return of income-Intimation under section 143(1)-Does not lapse right to file a revised return of income-Appeal is allowed. [S. 139(5), 143(1)]
ACIT v. Padma Logistics & Khanji (P) Ltd (2020) 208 TTJ 67 (Kol.)(Trib.)
S. 132(4) : Search and seizure-Statement on oath-Excess stock and cash-Not supported by documentary evidences-Cannot be sustained-Appeal allowed. [S. 131, 143(3)]
Jewels Emporium v. ACIT (2020) 208 TTJ 430 (Jaiour)(Trib.)
S. 132(4) : Search and seizure-Statement on oath-Opportunity to cross examine witness not given-Addition was deleted-Presumption as to assets, books of account-In whose possession in found-it is presumed it belongs to the person. [S. 292C]
Venkata Satya Surya Sree Ranganadha Raju Alluri v. ITO (2020) 203 TTJ 25 (SMC) (UO) (Hyd.)(Trib.)
S. 115JB : Book profit-Provision for leave encashment-Actuarial basis-Ascertained liability-Provision for Wealth tax-Provision for bad debt-Written back-Not to be added to book profit.
Caprihans India Ltd. v. Dy.CIT (2020) 203 TTJ 450 (Mum.)(Trib.)
S. 92C : Transfer pricing-Arm’s length price-No other method is applicable-TNMM has to be applied as most appropriate method-Deletion of addition is held to be justified.
Dy.CIT v. India Medtronic Pvt. Ltd. (2020) 205 TTJ 950 (Mum.)(Trib.)
S. 92C : Transfer pricing-Arm’s length price-Intra group services-Mandate by law-Adjudication at nil-Addition was deleted. [R.10B]
ACIT v. Anheuser Busch Inbev India Ltd. (2020) 204 TTJ 402 (Mum.) (Trib.)