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. 36(1)(vii) :Bad debt –Commodity trading – Purchase and sale on the platform of National Spot Exchange Ltd ( NSEL ) -Scam 2013- Profits offered as business income – Write off of 25% of the outstanding amount – Amounts written off in the books of account- Allowable as bad debt [ S.36(2) ]

Remi Securities Ltd v. ACIT ( 2021) The Chamber’s Journal -March -P. 185 ( Mum) (Trib)

S. 28(i): Business income – AIR information- Addition cannot be made solely on the basis of AIR information . [ S.145, From No .26AS ]

BRR ( India ) Pvt Ltd v. ITO ( 2021) The Chamber’s Journal -March -P.188 (Bang ) (Trib)

S. 14A : Disallowance of expenditure – Exempt income -Even suo motu disallowance made need to be restricted to the extent of exempt income [ R.8D ]

Chalet Hotels Ltd v.DCIT ( 2021) BACJ-March – P. 40 ( Mum) (Trib)

Customs Act , 1962.

S. 124 : Show cause notice before confiscation of goods etc – Reasonable opportunity of being heard – Natural justice – It is a settled proposition that when a law requires a thing to be done in a particular manner, it has to be done in the prescribed manner and proceeding in any other manner is necessarily forbidden- Order is set aside . [ Art, 226 ]

SYSKA LED Lights Pvt. Ltd. v. UOI (2021)377) ELT33 / MANU/MH/0932/2021 ( Bom) (HC) www.itatonline.org

The Direct Tax Vivad se Vishwas Act, 2020

S. 9(a)) (ii)) : Act not to apply in certain cases – Tax arrear – Prosecution has been instituted on or before the date of filing of declaration- Wilful attempt to evade tax -Tax deduction at source – Prosecution – Q. 73 of CBDT Circular 21 of 2020 dated 4/12/2020 ( 2020) 429 ITR 1 (St ) would stand set aside and quashed. [ Art , 14, 226 ]

Macrotech Developers Limited v. PCIT ( 2021 ) 434 ITR 131 / 200 DTR 121/ 320 CTR 79 / 280 Taxman 37 ( Bom) (HC) www.itatonline.org/Editorisl: SLP of Revenue dismissed, PCIT (Central) v. Macrotech Developers Ltd. (2023) 295 Taxman 218 (SC)

S. 11 : Property held for charitable purposes – School – Exemption – For delay in filing form Nom 10B denial of exemption is not justified – Petitioner is directed to file an application before the CBDT within a period of three weeks from today, and CBDT shall pass an appropriate order in terms of direction No.1 above within a period of four weeks from the date of receipt of such application with due intimation to the petitioner [ S. 2(15) , 12, 119 (2)(b) , Form No 10B , Art , 226]

Little Angels Education Society v. UOI (2021) 434 ITR 423/320 CTR 331 / 200 DTR 289 / 280 Taxman 4 ( Bom) (HC) www.itatonline.org/C.F. Andrews Education Society v. UOI (2021)434 ITR 423/ 320 CTR 331 / 200 DTR 289 / 280 Taxman 4 ( Bom) (HC) www.itatonline.org

Prohibition of Benami Property Transactions Act, 1988

S.4. Prohibition of the right to recover property held Benami – It was imperative for Single Judge to weigh evidence to conclusively decide that plaintiff could not succeed in their claim that defendant No. 1 was holding suit premises in a fiduciary capacity for benefit of family members. matter was to be remanded back [S. 3(b) 4(1) 4(3)(b), Order VII, Rule11 of the Code of Civil Procedure, 1908 ]

Neeru Dhir v. Kamal Kishore Dhir (2021) 276 Taxman 265 (Delhi)(HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Transfer pricing -Failure to provide draft assessment order – Direction to pass fresh assessment order- -Void ab initio -Revision is held to be not valid . [ S.92CA, 144C ]

Cigabyte Technology (India) (P) Ltd v. CIT( 2020) 195 DTR 337/ 317 CTR 585/ ( 2021) 276 Taxman 104 ( Goa Bench) ( Bom) (HC)

S.143(3): Assessment -Unexplained money –Alternative remedy is available – Writ is not maintainable . [ S.69A ,142(1), Art , 226 ]

Narasimman Padmavathy v. ITO( 2020) 196 DTR 365/ (2021) 431 ITR 374/ 276 Taxman 352 / 318 CTR 472 (Mad.)(HC)

S. 68 : Cash credits – Payments for purchases – Deletion of addition is held to be justified .

CIT v. Mukhtar Minerals (P.) Ltd( 2020)) 195 DTR 393 / (2021) 432 ITR 152/ 321 CTR 30 276 Taxman 218 (Bom.)(HC)