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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Indian Succession Act , 1925
S.302: Order – Probate – Interpretation – Order passed without jurisdiction is nullity- Though the order is passed by consent -Principle of resjudicata does not apply –
The question arose for consideration was in respect of application filed u/s. 302 of the Indian Succession Act 1925.

Chandrabhai K. Bhoir & Ors v. Krishna Arjun Bhoir & Ors AIR 2009 SC 1645

10A : Free trade zone – Computation of deduction – loss of another unit – cannot – Set off against profit of unit eligible for deduction- Deduction in respect of eligible unit has to be allowed before setting off brought forward depreciation and losses of a non-10A unit .[ S.72 ]

CIT v. Russan Pharma Ltd ( 2019) 107 taxmann.com 111 (Bom.)(HC) Editorial: SLP of revenue is dismissed (SLP No.12984 of 2019 (2019) 414 ITR 6(St.)(SC)/ (2019) 265 Taxman 1 (SC)

S. 271(1)(c) : Penalty – Concealment – Depreciation- Claim was withdrawn in the course of search proceedings- Deletion of penalty by the Tribunal is held to be justified. [S.32, 132(4), 153A]

PCIT v. Financial Technologies India Ltd (2019) 112 taxmann.com 398 (2020) 269 Taxman 33 (Bom.)(HC) Editorial: SLP of revenue is dismissed; PCIT v. Financial Technologies India Ltd. (2020) 269 Taxman 32 (SC)

S.271(1)(c): Penalty -Concealment -Search – There was no addition to the declared income in any of the years- Deletion of penalty is held to be justified [ S.132 , 153C ]

PCIT v. Rajkumar Gulab Badgujar (2019) 111 taxmann.com 256 (Bom)(HC) Editorial: SLP of revenue is dismissed (SLP No.17514 of 2019 dt.08/07/2019)(2019) 416 ITR 134 (St.)(SC)/ (2019) 267 Taxman 488 (SC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Commissioner could not take cognizance of an issue which had already attained finality in regular assessment- Where no enquiry was made to as regards gift , revision is held to be valid . [ S.56(2), 147 ].

Dev Raj Garg v PCIT ( 2019) 76 ITR 9/ 202 TTJ 1138/(2020) 185 DTR 130 ( Chd) (Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Limited scrutiny – AO is bound to make prima facie enquiry – Revision is held to be valid – Capital or revenue – On merit foreign exchange loss for acquiring capital asset is held to be allowable as revenue expenditure [ S. 43 (1), 143(1) ]

Baby Memorial Hospital Ltd. v. ACIT ( 2019) 184 DTR 361/ 202 TTJ 913 / (2020)77 ITR 484 ( Cochin) (Trib)

S.260A : Appeal to High Court – Limitation – Delay of 318 days -No reasonable explanation for delay – Delay was not condoned.

CIT v. Lata Mangeshkar Medical Foundation (2019) 410 ITR 347/ 254 Taxman 347 (Bom.)(HC) Editorial: SLP of revenue is dismissed (SLP No.42811 of 2018)(2019) 414 ITR 1(St.)(SC)

S. 194C : Deduction at source – Contractors -Placement fees/carriage fees – work contract and not fees for technical service [ S.194J ]

CIT v. Times Global Broadcasting Co. Ltd. (2019)105 taxman .com 313 / 263 Taxman 466(Bom)(HC) Editorial: SLP of revenue is dismissed, CIT v. Times Global Broadcasting Co. Ltd. (2019) 263 Taxman 465 (SC)/ (SLP No.6242 of 2019)(2019) 412 ITR 41 (St.)(SC)

S.147: Reassessment – Subject matter of appeal- Merger – Bad debt – Matters which are subject matter of appeal, reference or revision cannot be reopened [ S. 36(1)(vii) ,37(1) , 148, 251 ]

Dy. CIT v. ICICI Bank Ltd ( 2019)202 TTJ 560 / ( 2020) 185 DTR 233 (Mum) (Trib)

S.147: Reassessment -Failure to file return- Huge loss – National and multi commodity exchange – Objections stating that no income was earned and suffered heavy loss not considered – Reassessment is held to be bad in law.[S.139, 148 Art. 226]

Mohanlal Champalal Jain v. CIT ( 2019) 102 taxmann.com 293 (Bom) (HC) Editorial: SLP of revenue is dismissed ITO v. Mohanlal Champalal Jain (2019) 267 Taxman 391 (SC)/417 ITR 61 (St.)(SC)