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. 153C : Assessment – Income of any other person – Search – Additional ground – The date of receiving the books of account by the Assessing Officer having jurisdiction over such other person, from the Assessing officer of the searched person- Satisfaction by the A.O in the file of the assessee i.e the person other than the searched person, shall be taken as the relevant date for reckoning the period of six assessment years for which assessments could have been framed u/s 153C. [ S.132 ]
Paresh K .Shah v . DCIT ( Mum) (Trib) www.itatonlibe.org
S. 147 : Reassessment – Cash deposits -Cash credits – Issue of notice mechanically without application of mind – Assessment is held to be bad in law [ S.68, 148 ]
Omvir Singh v. ITO ( 2020) BCAJ -July -P 47 ( Delhi ) (Trib)
S.143(3): Assessment – Joint development – Share of profits paid to co -developer based on oral understanding can not disallowed as the recipient had offered it to tax and there being no revenue loss and the transaction was tax neutral [ S. 28(i) , 37 (1) ]
HP Associates v .ITO ( 2020) BCAJ -September – P. 43 ( Mum) (Trib)
S.56: Income from other sources – Notional interest on security deposit from lessee- Cannot be taxed
Harvansh Chawla v ACIT ( 2020) BCAJ-July -P. 47 ( Delhi ) (Trib)
S. 54 : Capital gains – Profit on sale of property used for residence -Exemption cannot be denied when the property was purchased in the name of spouse . [ S.45 , 54F ]
Rampal Hooda v ITO ( 2020) BCAJ -April – 34 ( Delhi ) (Trib)
S. 54 : Capital gains – Profit on sale of property used for residence -Exemption cannot be denied when the property was purchased in the joint name of assessee and others [ S.45 , 54F ]
Subhalakshshmi Kurada v ACIT ( 2020) BCAJ -June – 44 ( Bang) (Trib)
S.50CA: Capital gains- Full value of consideration for transfer of share other than quoted shares – Validity of Section 49, 50CA, 56 of Income-tax Act,1961 read with Rule 11U, 11UA etc challenged before Bombay High court. [ S. 49 56 , Rule 11U 11UA ]
The Chamber of Tax Consultants v . UOI ( Bom) (HC) www.itatonline.org
S. 37(1) : Business expenditure –Wholly and exclusively – Salary paid to director- Held to be allowable though the payment made was voluntary .
PCIT v. VVF Ltd ( 2020) 118 Taxmann .com 375 ( Bom) (HC))
S. 37(1) : Business expenditure – Service charges to employees- Held to be allowable as business expenditure – The Assessing Officer should not have used the expression “modus operandi” to mean that the assessee had adopted dubious tactics to inflate its expenditure.
New Woodlands Hotel Pvt. Ltd. v. ACIT (2020) 428 ITR 492 / 274 Taxman 468/ 196 DTR 449 ( Mad) (HC) www.itatonline org .
S. 35 : Scientific research -Donation- When a valid registration exists while donation was given by the assessee and if at a later point of time such registration is cancelled with retrospective effect , no disallowance can be made [ S.35(1) (ii) ]
Span Realtors v ITO ( 2020 ) BCAJ -September – P. 42 ( Mum) (Trib)