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. 271AAB : Penalty-Search initiated on or after Ist day of July 2012-Undisclosed income-Cash seized-Past savings of other family members–Inherited jewellery-Advances given to for purchase of land-Deeming fiction cannot be applied-Levy of penalty is held to be not justified. [S. 69, 69B, 132(4)]
Rajendra Kumar Jain v. ACIT (2020) 84 ITR 325 (Jaipur)(Trib.)
S. 271AAA : Penalty-Search initiated on or after 1st June, 2007-Concealment-Additions deleted-Penalty does not survive-Notice not mentioning specific limb of explanation-Penalty not imposable. [S. 274]
ACIT v. Sanjiv Gupta (2020) 84 ITR 29 (Delhi)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue Infrastructure undertaking-Assessing Officer taking plausible view-Revision is held to be not valid. [S. 80IA]
MBL Infrastructure Ltd. v. Dy.CIT (2020) 84 ITR 189 (Kol.)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Method of accounting-Construction company-Percentage competition method-Mandatory from assessment year 2017-18-Revision is held to be not valid. [S. 43CB]
HI-Tech Estates and Promoters Pvt. Ltd. v. PCIT (2020) 183 ITD 690/84 ITR 10/207 TTJ 209 (Cuttack)(Trib.)
S. 153C : Assessment-Income of any other person-Search-Recording satisfaction note by Assessing Officer that material recovered in search related to assessee is mandatory-Assessment made solely on basis of statement recorded during survey of another company without furnishing copy of statement or allowing it opportunity to cross-examine deponent-Statement recorded during survey-Assessment without jurisdiction. [S. 132, 132A, 153A]
I Q City Foundation v. ACIT (2020) 84 ITR 212 / (2021) 186 ITD 555 (Kol.)(Trib.)
S. 153 : Assessment-Limitation-Assessment order passed by Assessing Officer Pursuant To Directions Of Dispute Resolution Panel-Not subject to limitation [S. 143(3), 144C(13)]
Vedanta Ltd. v. ACIT (2020) 84 ITR 84 (Delhi)(Trib.)
S. 147 : Reassessment-Accommodation entries-Share capital-Unsecured loan-Borrowed satisfaction-Non application of mind-Reassessment is held to be bad in law. [S. 69, 148]
Century Fiscal Services Ltd. v. ITO (2020) 84 ITR 174 / (2021) 210 TTJ 26 (UO) (Chd.)(Trib.)
S. 144 : Best judgment assessment-Maintaining huge cash balance in particular period-Cash withdrawal from bank-Additions cannot be made on the presumption that the assessee could have discharged sundry creditors instead of having cash in hand. [S. 36(1)(iii), 145(3)]
Mahadevappa Basappa Edaramani v. ACIT (2020) 84 ITR 300 (Bang.)(Trib.)
S. 142(2A) : Inquiry before assessment-Special audit- Appeal maintainable before Appellate Tribunal-Complexity of Books of account established-Order for special audit sustainable. [S. 253]
Bal Krishan Sood v. ITO (2020) 84 ITR 307 (Chand)(Trib.)
S. 115JB : Book profit-Statement of accounts drawn in accordance with Companies Act-Disallowance under Income-Tax Act cannot be exporting for computation of book profits-Provision for doubtful trade receivables and advances debited to Profit and Loss Account-Writing off sum from its trade receivables in balance-sheet-Sum loses character of provision-No adjustment Called for-No adjustment on account of corporate Social responsibility expenses and donations-Provision for taxes made by Companies with whom assessee amalgamated-Reversal of unutilised provision for taxes in current Year-Matter remanded for verification-Debenture redemption reserve-Appropriation of profits and not provision for ascertained liability.
Vedanta Ltd. v. ACIT (2020) 84 ITR 84 (Delhi)(Trib.)