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
Click here to download the pdf versions of the Digest of case laws

S. 147 : Reassessment –With in four years-No scrutiny assessment — Non-compete Fee – Claiming a huge exemption of income by making incomplete, untrue and wrong claim — Primary facts not completely, correctly and truly disclosed in return — Reassessment is held to be valid [ S.143(1) 148 ]

K. Srikanth v .ACIT (2020) 80 ITR 272 / 195 DTR 17 /206 TTJ 273 ( Chennai ) (Trib)

S. 144 : Best judgment assessment – No new facts – Addition is held to be justified . [ S.69B ]

Ajay Baldevbhai Patel v. ITO (2020) 80 ITR 367 ( Ahd) (Trib)

S.115JB: Book profits —Additional revenue in its books — Assessing Officer cannot tinker with book profit.

Dy. CIT v .Yahoo Software Development P. Ltd. (2020) 80 ITR 528 ( Bang) (Trib)

S.92C: Transfer Pricing—Comparables- A company is engaged in BPO services cannot be rejected as a comparable merely by stating that it is in the health care segment and is functionally dissimilar -Matter remanded .

Bureau Veritas Consumer Products Services (India) P. Ltd. v ACIT ( 2020) 81 ITR 73 (SN) ( (Delhi) (Trib

S.92C: Transfer pricing -Arm’s length price — Exchange rate fluctuations —Taken part of operating margin [ S.92CA ]

Vitech Systems Asia Pvt. Ltd. v. ITO (2020) 81 ITR 58 (SN) (Hyd) (Trib)

S. 80IC : Special category States – Scrap – Sale of scrap is part of business income – Eligible for deduction .

Isolloyd Engineering Technologies Ltd v DCIT ( 2020) BCAJ- October -P. 37 ( Delhi ) (Trib)

S. 69C: Unexplained expenditure – Bogus purchases — source of purchase not outside books of account and corresponding sales not disputed — Books of account not rejected – Only profit element can be added – Reassessment is held to be valid [ S.37 , 143(3) 147 , 148 ]

Belmarks Metal Works v. ITO (2020) 80 ITR 699 ( Delhi) (Trib)

S. 69 :Unexplained investments – Search and seizure – Construction activities – Retraction of statement – Addition is held to be not valid[ [S.69A 132(4) ]

Satya Narayan Choudhary v. A CIT (2020) 80 ITR 95( Jodh) (Trib)

S.68: Cash credits —Long-term capital gains – Sale of shares —Penny stock – Purchases in physical form – Dematerialised subsequently — Addition is held to be justified [ S.10 (38) 45 ]

Bhagwatiben Vinodkumar Surani v .ITO (2020) 80 ITR 341) (Ahd) (Trib)

S.68: Cash credits – Family settlement – Source of receipt accepted —Addition is held to be not justified .

G. Ashok Reddy v .ITO (2020) 80 ITR 550 ( Hyd) (Trib)