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- No incriminating material was found in the course of search – Addition is held to be not valid [ S.37(1) 132, 143(3) ]

Frontier Commercial Co. Ltd. v. Dy. CIT (2020)82 ITR 25 (SN)(Delhi) (Trib)

S. 147 : Reassessment – Cash deposit in bank in excess of Rs. 10 lakhs – Salary income lower than the threshold limit – Information available with Assessing Officer vague and without any proper identification and quantification of escaped income — Reassessment is held to be not valid [ S.148 ]

Vipul Virendrakumar Patel v. ITO (2020)82 ITR 32 (SN)(Ahd ) (Trib)

S. 147 : Reassessment – Capital gains- HUF – Individual – No direction was given buy the Appellate Tribunal – Reassessment is held to be not valid .[ S.148 ]

Narayan Singh, HUF v. ITO (2020)82 ITR 18 (SN)(Delhi) (Trib)

S.147: Reassessment- After the expiry of four years- Capital gains- No failure to disclose any material facts – The reason must specify the nature of default or failure on the part of the assessee- Reassessment is not valid [ S.45 , 148 ]

Ramotar Singh, HUF v. ITO (2020)82 ITR 20 (SN) (Delhi) (Trib)

S. 144 : Best judgment assessment – Books of account audited – Income estimated on the basis of estimate basis is held to be not justified – Income has to be determined as per the audited books of account in accordance with law [ S.271B ]

Andhra Pradesh Tourism Development Corporation Ltd. v. Dy. CIT (2020)82 ITR 31 (SN) (Hyd) (Trib)

S.92C: Transfer pricing — Arm’s length price — Reimbursement of expenses- Addition is held to be not valid .

WM India Technical and Consulting Services Pvt. Ltd. v. Dy. CIT (2020)82 ITR 37 (SN)(Delhi) (Trib)

S. 80P : Co-operative societies – Member of Federation- Bonus- Dividend —Bonus to be considered as dividend- Assessing Officer is directed to verify the nature of the bonus received .[ S.80P(2) (d)

Mysore District Co-Operative Milk Producers Society Union Ltd. v. A CIT (2020)82 ITR 11 (SN)(Bang) (Trib)

S. 68 : Cash credits – Share application money — Share premium – Not establishing the creditworthiness – Investment through conduit of investor companies-Addition is held to be justified .

ITO v . KNS Realtors Pvt. Ltd. (2020) 82 ITR 9 (SN)(Delhi) (Trib)

S.54F : Capital gains- Investment in a residential house -Vacant land – Not residential property – Entitle to exemption- Cost of acquisition — Fair market value ass on 1-4-1981 —Higher than guidelines value – Estimate is held to be reasonable . [S.45, 55(2)(b) (1) ]

Devika Gunasheela (Dr.) v. JCIT (2020)82 ITR 23 (SN) 185 ITD 408 / (2021 )) 209 TTJ 931/ 199 DTR 157 (Bang) (Trib)

S.54F : Capital gains- Investment in a residential house – Joint account – Denial of exemption is held to be not justified [ S.45 ]

Anil Dev v. Dy. CIT (2020) 82 ITR 1 (SN/ 185 ITD 418 / 119 taxmann.com 328 / (2021) 198 DTR 150/ 209 TTJ 920 (Bang) (Trib)