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. 220 : Collection and recovery-Assessee deemed in default-Stay-Mere grant of stay of demand the assessee cannot be absolved from mandatory levy of interest. [S.220(2)]

CIT v. Canara Bank (2021) 277 Taxman 414 (Karn.)(HC)

S. 153C : Assessment-Income of any other person-Search and Seizure-In absence of any incriminating documents or evidence discovered against assesse the assessment is bad in law. [S. 12AA, 132]

PCIT v. S.R. Trust (2021) 438 ITR 506/ 277 Taxman 133/ 208 DTR 325 / 323 CTR 1047 (Mad.)(HC)

S. 148 : Reassessment-Transfer pricing-Objection not disposed of against reassessment notice-Single judge directed the Assessee to participate in adjudicating mechanism-Order of single judge is affirmed in appeal. [S. 92C, 92D, 92E, 148, Art. 226]

PPN Power Generating Company (P) Ltd. v. CIT (2021) 277 Taxman 240 / 200 DTR 382 / 320 CTR 268 (Mad.)(HC)

S. 148 : Reassessment-Reasons recorded not communicated-Reassessment is held to be bad in law. [S. 147, 292BB]

CIT v. Janak Shantilal Mehta (2021) 277 Taxman 385 / 200 DTR 385 (Mad.)(HC)

S. 147 : Reassessment-Unexplained money-Enforcement Directorate without making any independent inquiry himself into matter-Borrowed satisfaction-Reassessment was held to be not valid. [S. 69A]

PCIT v. Andaleeb Sehgal (2021) 124 taxmann.com 246 (Delhi)(HC). Editorial : SLP of revenue is dismissed, PCIT v. Andaleeb Sehgal (2021) 277 Taxman 492 (SC)

S. 147 : Reassessment-Business expenditure-Loss on bidding deduction-Tribunal quashed the reassessment on the ground that there was no failure on the part of assessee to disclose all material facts-High court quashed the order of Tribunal and remanded the matter back to Tribunal to decide on merit afresh. [S. 37(1)), 148]

CIT v. Shriram Chits (Karnataka) (P.) Ltd. (2021) 277 Taxman 224 (Karn.)(HC)

S. 147 : Reassessment-After the expiry of four years-When re-assessment proceedings to disallow brought forward loss were held to be without jurisdiction, High Court could not issue fresh directions to Assessing Officer to look into other grounds. [S.72, Art. 226]

T. Stanes and Company Ltd. v. Dy. CIT (2021) 435 ITR 539/ 202 DTR 78/ 321 CTR 153/ 277 Taxman 230 (Mad.)(HC)

S. 143(3) : Assessment-Business of textile-Cash sales-Income from undisclosed sources-Income from other sources-Sale of opening stock cannot be treated as income from undisclosed sources. [S. 56, 68, 133A]

PCIT v. Akshit Kumar (2021) 277 Taxman 423 / 197 DTR 121 / 318 CTR 26 (Delhi)(HC)

S. 143(3) : Assessment-Joint venture-Association of persons-Once amount had been offered to tax by its members-AOP could not be saddled with liability to pay tax in respect of same amount-Estimation of net profit at 11.59% was deleted-Order of Tribunal is affirmed. [S. 4, 2(31)(v)]

PCIT v. Backbone Projects Ltd. (2021) 124 Taxmann.com 261 (Guj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Backbone Projects Ltd. (2021) 277 Taxman 497 (SC)

S. 132 : Search and seizure-Warrant of authorization-Search and seizure action is held to be valid though the petitioner resigned from said company four years ago-Writ petition was dismissed. [Art. 226]

Ajay Kumar Singh v. DGI Bihar (2021) 434 ITR 352 / 277 Taxman 633 (Patna)(HC)