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-Accrual-Mercantile system of accounting-Advance of loan for construction-Land in dispute-Write off of principal sum advanced as bad debt-Notional interest cannot be taxed on accrual basis. [S. 4, 145]

Red Fort Shahjahan Properties Pvt. Ltd. v. ACIT (2021) 85 ITR 686 (Delhi)(Trib.)

S. 5 : Scope of total income-Accrual of income-Interest on overdue payments-Unable to recover outstanding dues-No accrual of income. [S.145, Accounting Standard 9]

ITO v. HMT(IT) Ltd. (2021) 85 ITR 18 (Bang.)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Book profit-Bonafide mistake in calculation-Not specifying the charge-levy of penalty is not justified. [S. 10 (38), 115JB]

Sampark Hotels (P.) Ltd. v. Dy.CIT (2021) 86 ITR 44 (SN) (Delhi) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Assessing Officer calling for further details, making inquiry, examining issue-No discussion in the assessment order-Revision is not valid-Interpretation of taxing statutes-Change of law-Provision inserted from date in midst of financial year, falling within realm of procedural aspects of assessment is to be construed as prospective qua proceedings and not qua assessment year. [S.143(3)]

Nalco Company, USA v. CIT (2021)86 ITR 564 (Pune)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Enhancement-Non application of mind-The AO to examine the documents and decide accordance with law.

United Teleservices Ltd. v. ACIT (2021)86 ITR 36 (SN) (Kol.)(Trib.)

S. 234B : Interest-Advance tax-Book profits-Capital gains before close of financial year-Directed to recompute interest [S.115JB, 234C]

Shipra Estate Ltd. v. ACIT (2021) 86 ITR 245 (Delhi)(Trib.)

S. 201 : Deduction at source-Failure to deduct or pay-Non-resident-Time-Notice issued more than six years from end of financial year in which transaction took place-Proceedings barred by limitation. [S. 195, 201(1A)]

Sravan Shipping Services (P.) Ltd. v. Dy. CIT (IT) (2021) 86 ITR 6 (SN) (Vishakha)(Trib.)

S. 194IA : Deduction at source-Immoveable property-Joint venture development-Refundable security deposit paid to land owners adjustable against sale consideration-Permission to construction-No transfer of immovable property-Not liable to deduct tax at source on refundable security deposit. [S. 2(47)(v), 2(47)(vi), 201(1), 201(IA), Transfer of Property Act, 1882 S. 53A,)

Prestige Estates Projects Ltd. v. ACIT (2021) 86 ITR 629 (Bang.)(Trib.)

S. 158BC : Block assessment-Undisclosed Income-Share application money-No incriminating material found during search-Addition is held to be not justified-Interest-Delay in filing return-No provision to charge interest beyond date of original assessment. [S.158BFA(1)]

V. Ramprasad Raju v. CIT (2021) 86 ITR 33 (SN) (Bang.)(Trib.)

S. 153D : Assessment-Search-Approval-Search-Charitable Trust-Siphoning off of funds by founder-Approval given without application of mind-Assessment null and void. [S. 10(23C), 12AA]

Uttarakhand Uthan Samiti v. ITO (2021) 86 ITR 695 (Delhi)(Trib.)