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. 271AAA : Penalty – Search initiated on or after 1st June, 2007 –Unexplained cash —Not giving any plausible reply to satisfy search team or Assessing Officer during course of assessment proceedings — Levy of penalty is held to be justified.
Nitesh Munje v .ACIT (2020) 78 ITR 14 (SN) (Indore ) (Trib)
S. 271(1)(c) : Penalty – Concealment -Failure to disclose in respect of income with respect to two bank accounts – Mistake of consultant – Omission neither deliberate nor contumacious in conscious disregard to his obligation — Bona fide mistake- Levy of penalty is held to be not justified . [ S. 44AD,139, 143(2) ]
Rashid K. Nurani v ITO (2020) 78 ITR 26 (SN) ( Ahd) (Trib)
S. 271(1)(c) : Penalty – Concealment – Disallowance of interest -Mere wrong claim not tantamount to furnishing of inaccurate particulars of income or concealment of income.
Deem Roll-Tech Ltd. v Dy. CIT (2020) 78 ITR 45 (SN) ( Ahd) (Trib)
S. 271(1)(b) : Penalty – Failure to comply with notices – Regular assessment details were filed – Not ex prate best judgment – Penalty is held to be not justified [ S .142(1), 274 ]
Suresh Mutha v .ACIT (2020) 78 ITR 75 (SN) ( Chennai) (Trib)
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Record – Provision for warranty- Assessing Officer forming proper opinion after making due enquiries and verification-Revision not valid. [ S. 37(1),145 ]
SL Lumax Ltd. v. PCIT (2020) 78 ITR 1 ( SN) ( Chennai) (Trib)
S.234E: Fee-Default in furnishing the statements- Provision Prospective — No demand could be made for Assessment Years for periods prior to 1-6-2015 [ S.200A(1)( c ) ]
AVV Enterprises P. Ltd. v. Dy. CIT (2020) 78 ITR 60 (SN) (Delhi) (Trib)
S. 201 : Deduction at source – Failure to deduct or pay – Interest-Joint deposit holders —Not furnishing actual tax liability or details — Calculation of tax deduction at source liability in respect of 162 Cases justified [ S.194A, 201(1), 201(IA) Form No .15G 15H ]
Tamilnad Mercantile Bank Ltd. v Dy. CIT (TDS) (2020) 78 ITR 61 ( SN) ( Vishhaka ) (Trib)
S. 199 : Deduction at source – Credit for tax deducted – Percentage completion method- Offering income as and when accrued – Principle of consistency — Deferred income not liable to tax- Assessing Officer directed to restrict credit of tax deduction at source corresponding to income offered by assessee. [ S.145 ,R. 37BBA(3) ]
ITO v. Orient Craft Fashion Institute Of Technology (P.) Ltd. (2020) 78 ITR 10 (SN) (Delhi) (Trib)
S.147: Reassessment -Unexplained investment -Date wise statement of withdrawal of cash from bank account and deposit in bank account neither faulted nor doubted — Addition is held to be not justified [ S. 69, 148 ]
Suresh H. Thakkar v. CIT(Appeals) (2020) 78 ITR 73 (SN)(Mum) (Trib)
S. 147 : Reassessment – No addition was made as regards reasons recorded – Reassessment is held to be not valid [ S.54F,148 ]
Sarwar Mohd. Khan v. ACIT (2020) 78 ITR 39 (SN) (Indore ) (Trib)