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. 147 : Reassessment-After the expiry of four years-No failure to disclose all material facts-Reassessment is bad in law.[S. 148]

ACIT v. Balaji Hotels and Enterprises Ltd. (2024)114 ITR 213 /229 TTJ 567/239 DTR 189 (Chennai)(Trib)

S. 145 : Method of accounting-Rejection of books of account-Estimation of gross profit-Disclosed higher gross profit-Addition is deleted. [S. 145(3)

ACIT v.Ludhiana Beverages P. Ltd. (2024)114 ITR 81 (SN)(Amritsar)(Trib)

S. 145 : Method of accounting-Accrual of income-Running Fertility Clinic offering surrogacy services-Advances from Foreign Nationals subsisting for repayment-Matter remanded for verification.[S. 4, 5]

ACIT v. Kiran Infertility Centre P. Ltd. (2024)114 ITR 255 (Hyd)(Trib)

S. 144C : Reference to dispute resolution panel-International transactions-Eligible assessee-Draft assessment order-Application of higher rate of tax-No jurisdictional error-Additional ground-Matter is remanded to the Assessing Officer-Reassessment is affirmed.[S. 115A, 143(3) 144C, 147, 148]

Regen Renewable Energy Generation Global Ltd. v. ACIT (IT) (2024)114 ITR 10 (SN)(Chennai)(Trib)

S. 143(3): Assessment-Cash Credits-Search and seizure-Assessment of third person-Statement of employees who were not aware of entire business activities-Addition deleted by the CIT(A) [S. 132(4), 133A]

Dy.CIT v. Planet Hollywood India P. Ltd. (2024)114 ITR 22 (SN)(Mum)(Trib)

S. 143(3): Assessment-Search and seizure-Cash deposit in bank-Undisclosed income-Unaccounted sale receipts-Sale Of Property-Addition made as percentage of profit on sale receipts-Further addition on loan and interest is deleted.[S. 132]

Dy. CIT v. Guru Nanak Milk Products (2024)114 ITR 344 /232 TTJ 325 (Amritsar (Trib)

S. 143(3): Assessment-Survey-Agreement for purchase of property-Addition confirmed in the assessment of HUF-Addition is not justified-Advance payment was made in earlier year-Addition is deleted.[S.133A]

Darshan Garg v. ACIT (2024)114 ITR 151 (Amritsar) (Trib)

S. 143(3): Assessment–Search and seizure-Undisclosed income-Unaccounted sale receipts-Sale of property-Addition made as percentage of profit on sale receipts-Same receipts cannot be assessed as undisclosed income-Cash deposited in bank-Sale of property-Disclosed in the balance sheet-Addition is deleted. [S. 69, 132]

Dy. CIT v. Guru Nanak Milk Products (2024)114 ITR 344 /232 TTJ 325 (Amritsar)(Trib)

S. 143(3): Assessment-Service of notice-Limitation-Assessment completed before the limitation period-Served after limitation period-Order is not time barred.[S. 153, 282,R.27, General Clauses Act, 1897 S.27]

Bando (India) P. Ltd. v. Dy. CIT (2024)114 ITR 275 (Delhi)(Trib)

S. 115JB : Company-Book profit-Export-Matter remanded to examine revised admissible deduction under Section 80HHC.[S.28 to 44AD, 80HHC]

Hindalco Industries Ltd. v. Dy. CIT (2024)114 ITR 502 (Mum)(Trib)