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. 132B : Application of seized or requisitioned assets-Release of seized cash-Demonetisation-Specified Bank Notes (SBN)-Seizure by a Law Enforcement Agency covered by exception in SBN Act; RBI directed to accept SBNs seized by department prior to appointed day where assessee offered income to tax. [S. 131, 132, Specified Bank Notes (Cessation and Liabilities) Act, 2017, S. 5, Art. 226]
Sunny v. UOI [2024] 161 taxmann.com 391 (Bom.)(HC)
S. 127 : Power to transfer cases-Centralization for coordinated investigation-Transfer of NRI assessee’s case to another city upheld where he had transactions with persons whose cases were already centralized there; plea of breach of natural justice rejected due to lack of prejudice and assessee’s acquiescence. [S. 142(2A), 153A, Art. 226]
Rajiv Saxena v. CIT (IT) [2024] 165 taxmann.com 764 (Bom.)(HC)
S. 115JB : Book profit-Consequential adjustment-Where the primary disallowance under section 14A is deleted, the consequential adjustment to book profit does not arise.[S. 14A]
PCIT v. Shapoorji Pallonji and Co Ltd [2024] 164 taxmann.com 707 (Bom.)(HC) Editorial : SLP of revenue rejected, PCIT v. Shapoorji Pallonji and Co Ltd (2024) 300 Taxman 182(SC)
S. 115BBC : Anonymous donations-Determination of tax in certain cases-Cash donations-Onus is on assessee under section 68 to substantiate genuineness of donors-Failure to discharge onus justifies treating donations as anonymous-Addition was justified. [S. 68, 133(6), 260A]
Everest Education Society v. ACIT(E) [2024] 159 taxmann.com 446 (Bom.) (HC) Editorial : Affirmed in Everest Education Society v. ACIT(E) [2024] 164 taxmann.com 744(Bom)(HC)
S. 92C : Transfer pricing-Arm’s length price-Corporate guarantee-Adjustment made without giving reasons is unsustainable-Order of Tribunal affirmed.[S. 260A]
CIT, (LTU) v. Reliance Industries Ltd. [2024] 161 taxmann.com 423 (Bom.)(HC)
S. 80IB(10) : Housing projects-Belated return of income-Where High Court, in separate proceedings, condoned assessee’s delay in filing return, denial of deduction solely on ground of such delay became untenable; assessment order quashed and matter remanded to AO. [S. 119(2)(b), 139, 254(2), Art. 226]
Bhatewara Associates v. ITAT [2024] 162 taxmann.com 834 (Bom.)(HC)
S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Captive power plant-Valuation of electricity transferred to another unit of assessee to be at rate charged by distribution companies to consumers-Order of Tribunal affirmed. [S. 80A(6), 260A]
CIT, (LTU) v. Reliance Industries Ltd. [2024] 161 taxmann.com 423 (Bom.)(HC)
S. 80HHC: Export business-Computation of deduction-Turn over-Scrap sale-For purpose of section 80HHC, proceeds of sale of scrap would not form part of total turnover.[S.260A]
West Coast Paper Mills Ltd v. ACIT [2024] 164 taxmann.com 712 (Bom.)(HC)
S. 69C : Unexplained expenditure-Bogus purchases-Information from Sales Tax Department-Corresponding sales not disputed-Non‑production of suppliers does not justify disallowance of entire purchase amount; only profit element is to be added-Estimate of profit at 12.5% of purchases was affirmed.[S. 148, 260A]
PCIT v. Max Flex and Imaging Systems Ltd [2024] 161 taxmann.com 775 (Bom.)(HC)
S. 69C : Unexplained expenditure-Unexplained investments-Bogus purchases-Sales not disputed –Estimate at 12.5%-Only profit element embedded in such purchases is taxable, not the entire amount. [S. 69, 147, 148, 260A]
PCIT v. Rushail Pharmadin (P) Ltd [2024] 163 taxmann.com 195 (Bom.)(HC)