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 – Appeal To Appellate Tribunal —No specific deficiencies in cash and bank books- Generalised adverse comments- Assessing Officer to go through records and to point out specific defects and escapement of income- Matter remanded for limited verification [ S.148, 254(1) ]

K. Gurumurthy v. ITO (2020) 78 ITR 50( SN) ( Chennai) (Trib)

S.147:Reassessment —Notice under section 143(2) issued on same date as return filed in response to notice — Non-application of mind- Reassessment is held to be not valid [ S.143(2) , 148 ]

Durga Ferrous P. Ltd. v. ITO (2020) 78 ITR 24 (SN) ( Delhi ) (Trib

S.147: Reassessment —Amalgamation- Information of amalgamation was brought to notice of Assessing Officer —Reassessment proceedings against amalgamating company is held to be void ab initio . [ S.148 ]

Dy. CIT v. Palm Tech India Ltd. (2020) 78 ITR 4 (SN)(Mum) (Trib)

S.147:Reassessment — After the expiry of four years- Depreciation- Reassessment is held to be not valid .[ 148 ]

W. B. Engineers International P. Ltd. v. Dy. CIT (2020) 78 ITR 21 (SN)(Pune) (Trib)

S.147:Reassessment — After the expiry of four years- Depreciation- Reassessment is held to be not valid .[ 148 ]

W. B. Engineers International P. Ltd. v. Dy. CIT (2020) 78 ITR 21 (SN)(Pune) (Trib)

S.147: Reassessment — Reassessment-After the expiry of four years- Before six years —Reasons vague and inconclusive — Reassessment not valid [ S.148 ]

Sumer S. Sanghvi v. ACIT (2020) 78 ITR 20 (SMC) (Ahd) (Trib)

S. 145A : Method of accounting – Valuation – Changed method -No need to apply changed method to opening stock of finished goods at beginning of previous year – Accounting Standard 2 .

ACIT v. Thiagarajar Mills Ltd. (2020) 78 ITR 8 (SN)/ (2021) 186 ITD 279 ( Chennai) (Trib)

S.143(3): Assessment – Ad -hoc addition- Weight and rate difference – Evidence not produced – Addition is held to be justified [ S.37(1) ]

Barnala Steel Industries Ltd. v JCIT (2020) 78 ITR 29(SN) (Delhi) (Trib)

S.115BBE: Tax on income -Unexplained money — Survey – Surrender of income as business income – Rate of tax — Source of excess cash, excess stock and unaccounted receivables not explained — Taxable at 60 per. Cent. [ S.68 , 69, 69A, 69C, 133A ]

Rajesh Kumar Bajaj v .ACIT (2020) 78 ITR 79 ( SN) (Indore) (Trib)

S.92C: Transfer pricing – Reference to Transfer Pricing Officer —No Transfer pricing adjustment of more than Rs. 10 Crores for an earlier year – Reference invalid and consequential Transfer pricing adjustment invalid [ S.92CA ]

Sava Healthcare Ltd. v Dy. CIT (2020) 184 ITD 312/ 189 DTR 1/ 204 TTJ 513/ 78 ITR 65 (SN) (Pune) (Trib)