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. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record –Bogus purchases —Statement by Investigation Wing- Disallowance of 15% of unverifiable purchases – Order of Tribunal is affirmed – Rejection of rectification is held to be justified [ S. 69C , 132 ,147 , 148, Art , 226 ]
Lunawat Gems Corporation v .CIT (2020)423 ITR 171 (Raj)(HC)
251 : Appeal – Commissioner (Appeals) – Powers – Powers of Appellate Authorities — Appellate Authorities can consider claim not raised before Assessing Officer Education cess is held to be deductible . [ S. 40(a)(ii) 254(1) ]
Sesa Goa Ltd. v. JCIT (2020)423 ITR 426 /117 taxmannn.com 96/ 193 DTR 41/ 316 CTR 446 (Bom) (HC)
S. 251 : Appeal – Commissioner (Appeals) – Powers – Claim for allowability of lease rent which was neither made in the return nor before the Assessing Officer – Cannot be raised first time before Commissioner (Appeals) without any evidences [ S.37(1), 246A ]
FCI Technologies Services Ltd. v. ACIT (2020)423 ITR 368 (Ker) (HC)
S.234F: Fee for default in furnishing return of income -Delay in filing return – Levying fee – Provision is held to be valid [ Art , 14 , 226 ]
K. Nirai Mathi Azhagan v. UOI (2020)423 ITR 339/ 192 DTR 359/ 316 CTR 23 (Mad)(HC)
S. 234C : Interest – Deferment of advance tax – Mere filing of review petition before Supreme Court could not be ground for not paying advance tax . [ S.119 ]
Canbank Financial Services Ltd. v Chief CIT (2020)423 ITR 113 /194 DTR 118/ 317 CTR 834 (Karn)(HC)
S. 226 : Collection and recovery – Stay -Appeal pending before Commissioner (Appeals) — Request to keep the demand in abeyance- Assessing Officer refusing and directing to pay 20 Per Cent. of demand — Held to be not proper- Commissioner (Appeals ) was directed to hear the appeal expeditiously [ S.246A ]
Bhupendra Murji Shah v. Dy CIT (2020) 423 ITR 300 (Bom)(HC)
S. 194H : Deduction at source –Commission on reinsurance premium – Not liable to deduct tax at source .
CIT v. Royal Sundaram Alliance Insurance Co. Ltd. (2020)423 ITR 122 (Mad)(HC)
S.158BE: Block assessment – Limitation —Time taken to obtain information stored in Electronic records to be taken into account — Search started January 2001 —Access to records stored in computer was not given June 2001 — Block assessment In June 2003 — Not barred by limitation [ S. 132(1(iib) , 158BC , Information Technology Act , 2000 , S .2 ]
Dr. Bharat Mehta v. Dy CIT (2020)423 ITR 568 / 196 DTR 305(Mad) (HC)
S. 153C : Assessment – Income of any other person – Search- Transfer of shares – Capital gains – Non compete fee- Price for which shares were sold was justified – Deletion of addition is held to be not justified [ S. 132, 143(3) 153A ]
CIT v. M. P. Purushothaman (2020) 423 ITR 248/ 193 DTR 173/ 316 CTR 429 (Mad) (HC)