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. 158BFA : Block assessment-Penalty-Addition to undisclosed income on estimate basis-Deletion of penalty is held to be justified. [S. 158BC, 158BFA(2), 158BGA(2), 271(1)(c)]

CIT v. Bagga Distilleries Hyderabad (P.) Ltd. (2020) 113 taxmann.com 602 (AP&T) (HC) Editorial : SLP of revenue is dismissed, CIT v. Bagga Distilleries Hyderabad (P.) Ltd. (2020) 270 Taxman 93 (SC)

S. 153C : Assessment-Income of any other person-Search-Share capital-Deletion of addition is held to be justified when no incriminating material was found in the course of search action. [S. 68]

PCIT v. Dhananjay International Ltd. (2020) 114 taxmann.com 317 (Bom.)(HC) Editorial : SLP is granted to the revenue, PCIT v. Dhananjay International Ltd (2020) 270 Taxman 15 (SC)

S. 153C : Assessment-Income of any other person-Initiation of assessment proceedings beyond period of six years from end of financial year in which satisfaction note was recorded by Assessing Officer is held to be not valid. [S. 132]

PCIT v. Raj Buildworth (P.) Ltd. (2020) 113 taxmann.com 600 (Delhi) (HC) Editorial: SLP of revenue is dismissed PCIT v. Raj Buildworth (P.) Ltd (2020) 269 Taxman 383 (SC)

S. 153C : Assessment-Income of any other person-Search-Not recording satisfaction-Order is illegal and void ab initio. [S. 132, 143 (3)]

PCIT v. Munisuvrat Corporation (2020) 115 taxmann.com 264 (Guj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Munisuvrat Corporation (2020) 272 Taxman 181 (SC)

S. 153A : Assessment-Search-No incriminating material was found-Addition was held to be not justified. [S. 132]

PCIT v. Blue Bird Software Pvt. Ltd. (2020) 119 taxmann.com 347 (Delhi)(HC) Editorial : SLP of revenue is dismissed as withdrawn due to low tax effect, PCIT v. Blue Bird Software Pvt. Ltd. (2020) 274 Taxman 228 (SC)

S. 153A : Assessment-Search-Scope of assessment is limited to assessing only search related income and thereby revenue was denied opportunity of taxing other escaped income that came to notice of Assessing Officer. [S. 132]

PCIT v. Vimal Kumar Rathi (2020) 115 taxmann.com 219 (Bom.) (HC) Editorial : SLP of revenue is dismissed as withdrawn due to low tax effect, PCIT v. Vimal Kumar Rathi (2020) 273 Taxman 274 (SC)

S. 153A : Assessment-Search-No fresh material was discovered during search and seizure proceedings-Deletion of addition is held to be justified. [S.132]

PCIT v. Amita Garg (Smt.) (2020) 114 taxmann.com 551 (Delhi) (HC) Editorial: SLP is granted to the revenue PCIT v. Devi Das Garg (2020) 270 Taxman 17 (SC)

S. 153A : Assessment-Search-Completed assessment could not be abated unless some incriminating evidence or material was found during search qua additions made by Assessing Officer. [S. 132]

PCIT v. Caprihans India Ltd. (2020) 114 taxmann.com 103 (Bom.) (HC) Editorial : SLP of revenue is dismissed due to low tax effect, PCIT v. Caprihans India Ltd. (2020) 269 Taxman 385 (SC)

S. 153A : Assessment-Search-No incriminating material was found-Addition is held to be not valid. [S. 132]

PCIT v. Gahoi Dal & Oil Mills (2020) 117 taxmann.com 117 (MP)(HC) Editorial : SLP is granted to the revenue, PCIT v. Gahoi Dal & Oil Mills (2020) 272 Taxman 521 (SC)

S. 148 : Reassessment-Notice-Notice was not issued at last known address of assessee-Participated in reassessment proceedings despite not having been issued or served with notice under section 148 in accordance with law would not constitute a waiver of said jurisdictional requirement-Reassessment is bad in law. [S. 147, 292BB]

PCIT v. Atlanta Capital (P.) Ltd. (2020) 119 taxmann.com 292 (Delhi)(HC) Editorial : SLP of revenue is dismissed as withdrawn due to low tax effect. PCIT v. Atlanta Capital (P.) Ltd. (2020) 274 Taxman 224 (SC)