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. 10A : Free trade zone – Total turnover – While computing deduction expenditures excluded from export turnover were also to be excluded from total turnover.

ITO v. Agile Software Enterprises (P.) Ltd. (2020) 181 ITD 817 (Bang) (Trib.)

S. 10(13A) : House rent allowance – Performance bonus does not form part of ‘salary’ as defined in clause (h) of Rule 2A for purpose of computing exemption [ S.15 ]

Sudip Rungta. v. DCIT (2020) 181 ITD 165 /77 ITR 63 (SN) (Kol ) (Trib.)

S. 10(10D) : Life insurance policy – Keyman insurance policy – Assignment of policy – Amendment brought in by Finance Act 2013 in Explanation 1 to section 10 (10D) is prospective in nature and it shall only apply to keyman insurance policy assigned after 1-4-2014 – policy assigned in hands of assessee in year 2013 would continue to be an ordinary policy and sum received by her on maturity would not be taxable – Revision of order is held to be not valid [ S.263 ]

Harleen Kaur Bhatia. (Smt.) v. PCIT (2020)181 ITD 294/ 203 TTJ 859 (Indore) (Trib.)/Gurvinder Kaur Bhatia ( Smt ) v. PCIT (2020)181 ITD 294/ 203 TTJ 859 (Indore) (Trib.)

S. 276C : Offences and prosecutions – Wilful attempt to evade tax – Penalty deleted – Launching of prosecution is held to be not valid [ S.277 ]

System India Castings. v. PCIT (2020) 425 ITR 158 (Chhattisgarh)(HC)

S. 276C : Offences and prosecutions – Wilful attempt to evade tax –
Look-out circular — Application for withdrawal of look out circular and permission to travel abroad —Non-co-operation in investigation proceedings — Apprehension that assessee might flee India — Permission to travel abroad cannot be granted.[ Code Of Criminal Procedure, 1973, S.482 Art .226 ]

Piyoosh Kumar Goyal v. UOI (2020) 426 ITR 546 (Delhi)(HC)

S. 276 : Offences and prosecutions – Concealment – Appeal against assessment pending before appellate authority -Criminal proceedings to be kept in abeyance till decision by appellate authority . [ S.276(1), Art , 226, 227 ]

Beaver Estates Pvt. Ltd. v CIT (2020)425 ITR 99 (Ker) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Revaluation of land and building -Capital gains on sale of land- Two possible views – Revision is held to be bad in law [ S.45 ]

CIT v .A. R. Builders and Developers P. Ltd. (2020) 425 ITR 272/ 271 Taxman 34 (Mad)(HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue –
Revision —Interest-free loans having own interest-free funds —
Valuation of closing stock — Discrepancy owing to export sales not having element of excise duty- Method consistent with Accounting Standards prescribed by Institute of Chartered Accountants of India-Commission payment to non resident- Failure to deduct tax at source -Revision order held to be not valid – Order of Appellate Tribunal is affirmed . [ S. 14A, 143(3 ) 145 195 ]

CIT v. Saw Pipes Ltd. (2020) 426 ITR 579 (Delhi)(HC)

S. 260A : Appeal – High Court – Monetary limits –In view of the Circular issued by the Central Board of Direct Taxes, the present appeal is dismissed as withdrawn/not pressed without answering the purported substantial questions of law.

CIT, LTU v . Bosch Limited (2020) 425 ITR 667 (Karn)(HC)

S. 260A : Appeal – High Court -Capital or revenue – Income from other sources — Reimbursement received on account of assets purchased -— Department not appealing against orders for other years on same facts — Appeal not maintainable .[ S.4 ]

CIT v. Sutherland Global Services Pvt. Ltd. (2020) 426 ITR 499 (Mad) (HC)