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-After the expiry of four years- Purchasing non-performing asset from Bank and receiving payment -Alleged bogus entry provider – Reasons neither supported by an affidavit or oral submission — Notice is held go be invalid . [ S. 148 ]
Asset Reconstruction Company India Pvt. Ltd. v Dy.CIT (2020) 424 ITR 715 (Bom) ( HC)
S.144: Best judgment assessment – Bogus purchases -Hawala entries -Sales tax department – Income from undisclosed sources — Estimate of profits at 5% of bogus based is held to be justified [ S.142(1) ]
PCIT v. Rishabhdev Technocable Ltd. (2020) 424 ITR 338 /187 DTR 473 (Bom)(HC)
S.142(2A): Inquiry before assessment– Special audit– Limitation – Block assessment -Date of order on special audit to be taken and not date on which order was served on the assessee- Order is not barred by limitation . [ S.158BE ]
A. P. Shanmugaraj v Dy CIT (2020) 424 ITR 347/ 186 DTR 43 / 313 CTR 225 (Mad) (HC)
S. 133A :Power of survey -Rejection of books of account and estimation of income – Accommodation entries – Statement of director recorded two Thousand days after survey and not under oath – Merely on the basis of statement addition is held to be not valid [ S.144 ]
PCIT v .Sunshine Import and Export Pvt. Ltd. (2020) 424 ITR 195/ 273 Taxman 173 (Bom) (HC)
S.115QA: Tax on distributed income to share holders- Buy back of shares – Remittances to non-residents- Appeal pending before Supreme Court -Department agreeing to treat communication as show-cause notice — Direction to assessee to file reply thereto and further directions as to continuance of interim orders. [ S. 2(22) (a) , 2(22(d) , 115O, 245Q ]
Cognizant Technology Solutions India Pvt. Ltd. v .Dy. CIT(Large Taxpayer Unit) (2020)424 ITR 302 187 DTR 369/ 313 CTR 510/ 274 Taxman 381 (SC)
S.115JB: Book profit – Interest – Retrospective amendment -Interest is leviable [ S.234B ]
CIT v .Jsw Steel Ltd (2020) 424 ITR 227 /275 Taxman 587 (Karn)(HC)
S.115JB : Book profit – Insurance business — Accounts prepared in accordance with Insurance Act, 1938- Provision relating to books of account is not applicable [ Insurance Act , 1938 ]
CIT (LTU) v. Cholamandalam Ms General Insurance Co. Ltd. (2020) 424 ITR 272 (Mad)(HC)
S.92C:Transfer pricing- Arm’s length price —Appellate Tribunal- Advertising, marketing and publicity expenses —Remand by the Tribunal for determination of arm’s length price is held to be not warranted. [ S.254(1) ]
PCIT v. Valvoline Cummins Pvt. Ltd. (2020) 424 ITR 162 (Delhi)(HC)
S. 92C : Transfer pricing – Arm’s length price – Comparable -Question of fact – No substantial question of law. [ S92CA 260A ]
PCIT v. Eight Roads Investment Advisors Pvt. Ltd. (2020) 424 ITR 563/ 189 DTR 123/ 313 CTR 365/ 274 Taxman 71 (Bom)(HC)