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. 115JB : Book profit – Provision for doubtful debts – Written back and allowed – Not to be added for book profit .

BOB Financial Solutions Ltd v. DCIT ( 2021 ) BCAJ-April – P. 56 (Mum) ( Trib)

S.54F : Capital gains- Investment in a residential house – Sale consideration was not deposited in a bank as per capital gain account scheme – Investment in acquisition of house was made with in the time prescribed – Denial of exemption was held to be not justified [ S.45 54F(4) ]

Ashok Kumar Wadhwa v. ACIT ( 2021) BCAJ – April – P. 56 ( Delhi ) ( Trib)

S. 220 : Collection and recovery – Assessee deemed in default – Stay – Pendency of appeal before CIT (A) – Entire demand was kept in abeyance till the disposal of appeal on merits by CIT (A) [S. 147 , 156, 220 (6) ,Art , 226 ]

Mayur Kanjibhai Shah v ITO ( 2021) BCAJ – April – P. 66 ( Bom) (HC)

S. 139 : Return of income –Audit – Extension of due date of filing – COVID-19 – Power of CBDT is discretionary -CBDT was justified in denying further extension [ S. 119 , Art , 226 ]

CVO Chartered & Cost Accountants’ Association, Mumbai v.UOI (2021) 434 ITR 219/ 278 Taxman 307/ 198 DTR 85/ 319 CTR 60 (Bom) (HC) www.itatonline .org

S. 68 : Cash credits – Capital gains – Penny stocks – STT paid – Denial of exemption is held to be not justified [ S. 10(38), 45, 69 ]

Achal Gupta v. ITO (Luck)(Trib). www.itatonline.org Udit Gupta v.ITO (Luck ) ( Trb) www.itatonline.org Rakesh Narain Gupta HUF v. ITO ( Luck ) ( Trib) www.itatonline.org

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Quantum and penalty appeal was pending-Prosecution is stayed until final judgement was delivered by Tribunal in pending appeal. [S. 143(3), 156, 271(1)(c) Code of Criminal Procedure, S. 482]

Hemal Manubhai Patel v. State of Gujarat (2021) 277 Taxman 323 / 200 DTR 57 / 321 CTR 505(Guj.)(HC)

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Failure to file return-Refund due to assessee-Abuse of process of law-Prosecution was quashed. [S. 139(1), 276C(1)(i), 276CC Cr. P.C, S.482]

Rajkumar Thiyagarajan v. Income Tax Department, Madurai (2021) 277 Taxman 437 (Mad.)(HC)

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Concealment of income-Failure to disclose capital gains-Application for quashing of proceedings was rejected. [S. 45, 278E, CPC, S. 313]

Rohit Kumar Nemchand Piparia v. Dy. DIT (2021) 435 ITR 674/ 201 DTR 149/ 322 CTR 109/ 435 ITR 674/ 201 DTR 149/ 322 CTR 109/ 277 Taxman 549 (Mad.)(HC)

S. 271(1)(c) : Penalty-Concealment-Not recording satisfaction-Not striking irrelevant portion in the notice-Levy of penalty is not valid. [S. 260A]

PCIT v. Golden Peace Hotels and Resorts (P.) Ltd. (2021) 124 taxmann.com 248 (Bom.)(HC) Editorial : SLP of revenue dismissed, PCIT v. Golden Peace Hotels and Resorts (P.) Ltd. (2021) 277 Taxman 595 (SC))/ (2021) 437 ITR 9 (ST) (SC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue- Depreciation-Order passed by Assessing Officer relying on the decision of Tribunal-Subsequently reversed by High Court-Revision is not be not valid. [S. 32]

CIT v. Canara Bank (2021) 277 Taxman 215 (Karn.)(HC)/Editorial : SLP of revenue is dismissed , CIT, LTU v. Canara Bank (2025) 302 Taxman 369 (SC)