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. 147 : Reassessment – Real estate business- Improvement cost –Change of opinion – Reassessment is hedl to be bad in law [ S.148 ]

PCIT v. K.R. Jayaram (2020) 192 DTR 281 / 316 CTR 560 (Mad) (HC)

S. 147 : Reassessment – Developing, operating and maintaining information technology parks – Lease rental – Change of opinion – Reassessment is held to be bad in law [ S.80IA(iii), 148]

CIT v. Tidel Park Ltd (2020) 317 CTR 440 / 195 DTR 191 (Mad) (HC)

S. 69A : Unexplained money -Cold storage -Entries tallied with stock register – No vilatiion of U.P .Regulstion of Cold Storage Act , 1976- Deletion of addition is held to be justified -No question of law [S.260A, U.P. Regulation of Cold Storage Act, 1976. ]

CIT v. Kesarwani Sheetalaya (2020) 190 DTR 377 (All) (HC)

S.40(a)(iib):Amounts not deductible- Value added tax – Violation of principle of natural justice – Writ petition dismissed on the ground of alternative remedy [ Art , 14, 19(1)(g), 226 ]

Tamil Nadu State Marketing Corpn Ltd v. UOI (2020) 196 DTR 293 / 217 CTR 965 (Mad)(HC)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Payment to contarctor – Failure to furnish form No 15J – PAN no of was collected at the time of payment – No dialloawance can be made [ S. 194C (7), R, 31A ] S. 40(a)(ia): Amounts not deductible – Deduction at source – Payment to contarctor – Failure to furnish form No 15J – PAN no of was collected at the time of payment – No dialloawance can be made [ S. 194C (7), R, 31A ]

CIT v. Shri Parameshwari Spinning Mills P. Ltd. (2020) 317 CTR 898 (Pat) (HC)

S .14A : Disallowance of expenditure – Exempt income – In the absence of dividend income – No disallowance can be made [ R.8D ]

CIT v. Shri Parameshwari Spinning Mills P. Ltd. (2020) 317 CTR 898 (Pat) (HC)

S. 12AA : Procedure for registration –Trust or institution-Genuiness of Trust is established – No mandate to get registration under MP Public Trust Act , 1951 – Order of Tribunal is affirmed .[MP Public Trust Act 1951 ]

CIT v. Maharshi World Peace Trust (2020) 190 DTR 389/ 315 CTR 469 (MP) (HC)

S. 11 : Property held for charitable purposes – Engaged in running educational institutions and providing medical relief to poor – Running community hall – Entitle to exemption [ S. 2(15), 11(4A)]

Sri Ram Samaj v. JCIT (2020) 275 Taxman 309 / 194 DTR 177 (Mad.)(HC)

S. 10A : Free trade zone – Profits of business – Total turnover – Export turnover- Claiminng deduction u/s 80HHE earlier cannot be bar to claim deduction u/s 10A of the Act [ S.80HHE ]

CIT v. Tata Consultancy Services (2020) 317 CTR 124 (Bom) (HC)

S. 271AAB : Penalty-Search initiated on or after Ist day of July 2012-Surrendering additional income-Appeal not filed-Levy of penalty at 10% is held to be justified-Difference in valuation as per books and Department valuer-Levy of penalty is not justified. [S. 132, 153B(1)(b)]

Sumangal Gems v. Dy.CIT (2020) 84 ITR 40 (Jaipur)(Trib.)