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. 195 :Deduction at source – Non-resident – Taxability in India — Payment to international celebrity appearance at Dubai – Target audience in India, potential customers in India, intended benefits in India — Business connection – Liable to deduct tax at source-DTAA -India -USA [ S. 5(2), 9(1) (i), 115BBA,201 Art.12, 23(3) ]

Volkswagen Finance P. Ltd. v ITO (2020) 79 ITR 447/ 184 ITD 872/ 190 DTR 1/205 TTJ 648 ( Mum) (Trib)

S. 153A : Assessment – Search-Assessment of third person — Sale Of Property — Commission —Addition made without examining the buyer of property is held to be bad in law . [ S.292C ]

Summit Mittal and Madhur Mittal v Dy. CIT (2020) 79 ITR 607 ( Delhi) (Trib)

S. 144 : Best judgment assessment – Low gross profit rate –Ad-hoc addition – No defects in stock statement – Rejection of books of account is held to be not valid [ S.145(3) ]

Panchshil Exim P. Ltd. v. Dy. CIT (2020) 79 ITR 472 ( Rajkot ) (Trib)

S. 143(3) : Assessment -Estimation of income —Milk Supplier earning Commission —Real income theory – Profit is directed to be estimated at seven Per Cent.[ S.144, 145 ]

Vithal Baban Bangar v. ITO (2020) 79 ITR 55 ( Mum) (Trib)

S. 143(3) : Assessment – Bogus purchases – Purchase and sales matching figures certified by sales tax department and value added tax Return – No addition could be made on basis of earlier tentative figure shown as per sales tax department – Contribution to provident fund – Matter remanded . [ S. 37(1) ]

Pabitra Banerjee v. ITO (2020) 79 ITR 480 (Cuttack ) (Trib)

S. 143(2) : Assessment – Notice issued beyond period of limitation is held to be not valid .[ S.292BB ]

Manoj Kumar v. ACIT (2020)79 ITR 158 / 195 DTR 105/207 TTJ 48 ( Delhi )(Trib)

S. 92C : Transfer pricing – Arm’s length price — Outstanding sum of invoices akin to loan advanced- Credit of tax deduction at source – Matter remanded .[ S.92B(2) ]

Lotus Labs P. Ltd. v. Dy. CIT (2020)79 ITR 295 (Bang) (Trib)

S. 90 :Double taxation relief –Non resident – Salary and allowances earned in respect of employment rendered in Austria – Entitle to exemption – Non-production of tax residency certificate cannot be a Reason not to grant benefit of DTAA – DTAA- India – Australia [ S.5(2) , 90(4), Art. 15(1) ]

Sreenivasa Reddy Cheemalamarri v. ITO (2020)79 ITR 465(SMC) (Hyd) (Trib)

S. 80IB(10) : Housing projects- Interest on bank deposits – Transfer fee and interest received for delay in payment against flat – Eligible deduction – Net interest can be disallowed .

Satern Griha Nirman P. Ltd. v. ITO (2020) 79 ITR 359 (Kol) (Trib)

S. 80IB: Industrial undertakings – Disallowance of expenses Deduction to be computed taking into account income enhanced. [ S. 37, 80IB(8A) ]

Lotus Labs P. Ltd. v. Dy. CIT (2020)79 ITR 295 (Bang) (Trib)