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-After the expiry of four years-Method of accounting-Contractor-Percentage completion of method-Mere claim is not sufficient-Documents to support the claim was not submitted-Notice is held to be valid. [S. 148, Art. 226]
Durr India Pvt. Ltd. v. ACIT (OSD) (2021) 433 ITR 48 (Mad.)(HC)
S. 147 : Reassessment-After the expiry of four years-Rejection of application by non-application of mind-Order set aside and remanded to the Assessing Officer. [S. 148, Art. 226]
Chetan Engineers v. ACIT (2021) 433 ITR 143 (Guj.)(HC)
S. 144 : Best judgment assessment-Requested to file its objections-Order passed with in two days of reply-Matter remanded to Assessing Officer. [S. 142(1), 143(2), Art. 226]
Dwaraka Balaji Developers v. PCIT (2021) 433 ITR 46 (Telangana) (HC)
S. 139 : Return of income-Covid-19 Extension of dates for filing returns and tax audit reports-Directions issued to Central Board Of Direct Taxes to consider representation. [S. 119, Art. 226]
Dehradun Chartered Accountants Society v. UOI (2021) 433 ITR 79 / 198 DTR 57 / 319 CTR 57 (Uttarakhand)(HC)
S. 139 : Return of income-Condonation of delay-Rejection of condonation of delay by the PCIT was held to be not justified-Order of single judge is affirmed with modification-Matter remanded to PCIT [S. 119(2)(b), Art. 226]
PCIT v. Navanidhi Vividhoddesha Sahakara Sangha Ltd. (2021) 433 ITR 177 / 202 DTR 409 / 321 CTR 630(Karn.)(HC)
S. 80HHC : Export business-Insurance claim and miscellaneous income-No nexus with core business-Not entitle to deduction. [S. 80HHC(3)]
VTM Limited v. Dy.CIT (2021) 433 ITR 182 (Mad.)(HC)
S. 72 : Carry forward and set off of business losses – Carry forward and set off of business losses against capital gains – Entitled to set off of carried forward business loss against capital gain arising on sale of business asset used for the purpose of business- Business Loss can be carried forward and set off against income attributable to business though assessed under different head – Interpretation of taxing statutes — Expressions in provision. [ S. 28 (i) , 45 ,50, 71 , 72 (1)(i).]
Nandi Steels Ltd v. ACIT (2021) 436 ITR 238/ 320 CTR 432 / 201 DTR 37 281 Taxman 615 (Karn.)(HC) Editorial : Nandi Steel Ltd v. ACIT ( 2012 ) 134 ITD 73 ( SB) ( Bang ) ( Trib) , reversed. Editorial : Nandi Steel Ltd v. ACIT ( 2012 ) 134 ITD 73 ( SB) ( Bang ) ( Trib) , reversed.