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. 153A : Assessment–Search-Appellate Tribunal has the power to admit additional legal grounds, which goes to root of the matter-No notice was issued to the assessee-Order was quashed. [S. 143(3), 153C, 254(1)]

Dynasty Construction Pvt. Ltd. v. ACIT (2020) 83 ITR 17 (SN) (Delhi)(Trib.)

S. 148 : Reassessment-Notice-Factum of death of assessee intimated to department much prior to issue of notice-Notice issued in name of deceased- Notice not valid. [S. 147]

M. H. Mamatha (Smt.) v . ITO (2020) 83 ITR 7(SN) (Bang.)(Trib.)

S. 147 : Reassessment -Not objecting to initiation of reassessment proceedings-Not precluded from challenging validity of reassessment before appellate forums-Reassessment is held to be bad in law. [S. 80IB(10), 148]

Dy.CIT v. Manav Realty (2020) 83 ITR 37 (SN) (Pune)(Trib.)

S. 145 : Method of accounting-Project Completion method-Shifting gross sales receipts to previous year in which sale deeds executed without shifting expenditure incurred in connection therewith- Violation of Accounting Standard 1-Receipts rightly taxed by Commissioner (Appeals) in later years-No contravention of Rule 46A. [S. 145(2)]

ACIT v. Parmar Build Tech (2020) 83 ITR 86 (SN) (Mum.)(Trib.)

S. 145 : Method of accounting-Accrual of income-Interest-Non-performing assets-Deletion of addition is held to be justified. [S. 4 , 5]

Chitradurga District Co-Op. Central Bank Ltd. v. Dy. CIT (2020) 83 ITR 81 (SN) (Bang.)(Trib.)

S. 143(3) : Assessment-Income from undisclosed Sources-Difference in stock-Books of account not rejected-Reconciliation of stock filed-Addition is held to be not valid. [S. 69, 132]

SMC Food Ltd. v. ACIT (2020) 83 ITR 6 (SN) (Delhi)(Trib.)

S. 143(3) : Assessment-Malmanagement company-Sponsorship and promotional income-Power and fuel Charges-Marketing income considered net of expenses and not separately credited to profit and loss account-Addition is held to be not valid-Security charges, matter remanded. [S. 28(i)]

Orion Property Management Services Ltd. v. ITO (2020)83 ITR 4 (SN) (Bang.)(Trib.)

S. 143(3) : Assessment-Amalgamation of Companies-Assessing Officer required to take successor entity on record and authorised representative required to file Power of Attorney duly authorised by amalgamated entity-Assessment made on non existent entity void ab-initio.

Haryana Gramin Bank v. Dy. CIT (2020) 83 ITR 8 (SN) (Delhi)(Trib.)

S. 115JB : Book profit-Profit on sale of agricultural land-Direction of CIT(A) to exclude sum from book profits-Held to be proper. [S. 10, 115JB(2)(k)(ii)].

ITO v. Buniyad Developers Pvt. Ltd. (2020) 83 ITR 23 (SN) (Delhi)(Trib.)

S. 115JB : Book profit-Disallowance under Section 14A not to be included while computing book profit. [S. 14A]

Ameya Logistics Pvt. Ltd. v. Dy. CIT (2020) 83 ITR 46 (SN) (Mum.) (Trib.)