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. 147 : Reassessment – No return filed prior to issue of notice — Annual Information Return Showing Deposits in Bank Accounts — No Compliance pursuant to notice — Reassessment notice is held to be valid- Unexplained investment- Agricultural income -Gift – Matter remanded to CIT (A) to pass speaking order . [ S. 69A ,144, 148 ]
Bhup Singh v .ITO (2020)81 ITR 44 (SN) ( Jaipur) (Trib)
S.145: Method of accounting – Fall in gross profit — Books of account not rejected – Ad hoc addition is not justified.
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R. K. Agro Products v. ACIT (2020) 81 ITR 50 (SN) (Pune) (Trib)
S.145: Method of accounting – Bogus purchases — Estimation of Income — Addition Equivalent to Gross profit rate of 0.18 Per Cent. on declared turnover upheld [ S.37(1), 144 , 145(3) ]
Kedia Exports P. Ltd. v. ACIT (2020) 81 ITR 83( SN) ( Jaipur) (Trib)
S. 144C : Reference to dispute resolution panel -Draft assessment order – Proceedings concluded – Assessing Officer quantifying taxable income and determining tax payable and issuing and serving demand notice —Subsequent proceedings and orders non est — Subsequent participation would not debar assessee to raise validity before appellate authority.
Perfetti Van Melle (India) Pvt. Ltd. v. ACIT (2020) 81 ITR 79 (SN) (Delhi) (Trib)
S. 144C : Reference to dispute resolution panel -Draft Assessment Order —Order in name of non-existing person — Not valid – Mistake neither procedural irregularity nor rectifiable [ S.292B ]
Boeing India Pvt. Ltd. v .ACIT (2020)81 ITR 94 (SN) ( Delhi ) (Trib)
S. 143(3): Assessment – Search and Seizure — Unaccounted income — Medical college — Donations and capitation fees — Onus upon revenue – Addition based on statement by Chairman of Trust — No Cross-Examination Allowed- Addition is deleted [S. 69 , 132, 147 , 148 ]
Sulekh Chand Singhal v. ACIT (2020) 81 ITR 26 (SN) ( Delhi) (Trib)
S.143(3): Assessment – Unverifiable purchases — Bogus purchases- Sales accepted- Failure by some parties to respond to notice- Entire purchases cannot be disallowed – Directed to estimation of gross profit rate on the turnover . [ S.37(1), 69C ]
Silburn Papers Pvt. Ltd. v ITO (2020)81 ITR 85 (SN)( Delhi)(Trib)
S.143(3) : Assessment -Revision — Addition made pursuant to revisional order — Tribunal quashing revisional order — Resultant Proceedings would not survive [ S.14A, 115JB , 254(1), 263 ]
ACIT v .Oscar Investment Ltd. (2020) 81 ITR 81 (SN) (Delhi) (Trib)
S. 132(4) : Search and seizure – Statement on oath – Short term capital gains- Offered in statement recorded during search – Brought forward capital loss of earlier years – Eligible to be set off against short term gains of current year – Set off of loss not to be denied on ground that not claimed in statement recorded during search [ S. 74 ]
Roop Kishore Madan v .Dy. CIT (2020) 81 ITR 55 (SN) ( Delhi ) (Trib)
S.92C: Transfer pricing -Arm’s length price — Exchange rate fluctuations —Taken part of operating margin [ S.92CA ]
Vitech Systems Asia Pvt. Ltd. v. ITO (2020) 81 ITR 58 (SN) (Hyd) (Trib)