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. 68: Cash credits – Survey- Demonetization – Purchase of gold from sale proceeds – Sales cannot be assessed as undisclosed income – Only profit thereon could be taxed as income- Entire sales cannot be assessed as undislosed income – Provision of section 115BBE is cannot be made retrospectively – For the assessment year 2017-18 only net profit was directed to be taxed . [ S.115BBE 132 , 133A ]
Shri Nawal Kishore Soni v. ACIT (Jaipur) (Trib) www.itatonline.org
S. 276C : Offences and prosecutions – Wilful attempt to evade tax –Concealment of income- Appeal- Failure to produce documents to prove there was no willful default -Additional evidence – Appellate Court has the power to admit additional evidence in the interest of justice . [ S.271(1) (c ) , 278B(3 ) , Criminal Procedure Code , 1973 , S. 190, 200 , 391 ]
Gangothri Textiles Ltd. v. ACIT (2020) 423 ITR 382/ 189 DTR 380/ 314 CTR 776 / 269 Taxman 282 (Mad)(HC)
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Estimate of income- Possible view – Revision is held to be not justified – Dropping of concealment penalty by the Assessing Officer – Revision order directing to levy of 300% – Tribunal affirming 200% levy of penalty – Order of tribunal is affirmed . [S.133A, 271(1) (c ) ]
Malanadu Tourist Home v. CIT (2020)423 ITR 262 (Ker)(HC)
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Provision for warranty – Revision order is held to be not valid .[ S.143(3) ]
CIT v. Rane Trw Steering Systems Ltd. (2020)423 ITR 291 (Mad) (HC)
S. 263 : Commissioner – Revision of orders prejudicial to revenue –
Assessing Officer making enquiries pertaining to remuneration of partners and expenses and receipts – Order is neither erroneous nor prejudicial to interests of revenue .
PCIT v. Hari Om Stones (2020) 423 ITR 198 (Raj)(HC)
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record –Bogus purchases —Statement by Investigation Wing- Disallowance of 15% of unverifiable purchases – Order of Tribunal is affirmed – Rejection of rectification is held to be justified [ S. 69C , 132 ,147 , 148, Art , 226 ]
Lunawat Gems Corporation v .CIT (2020)423 ITR 171 (Raj)(HC)
251 : Appeal – Commissioner (Appeals) – Powers – Powers of Appellate Authorities — Appellate Authorities can consider claim not raised before Assessing Officer Education cess is held to be deductible . [ S. 40(a)(ii) 254(1) ]
Sesa Goa Ltd. v. JCIT (2020)423 ITR 426 /117 taxmannn.com 96/ 193 DTR 41/ 316 CTR 446 (Bom) (HC)
S. 251 : Appeal – Commissioner (Appeals) – Powers – Claim for allowability of lease rent which was neither made in the return nor before the Assessing Officer – Cannot be raised first time before Commissioner (Appeals) without any evidences [ S.37(1), 246A ]
FCI Technologies Services Ltd. v. ACIT (2020)423 ITR 368 (Ker) (HC)
S.234F: Fee for default in furnishing return of income -Delay in filing return – Levying fee – Provision is held to be valid [ Art , 14 , 226 ]
K. Nirai Mathi Azhagan v. UOI (2020)423 ITR 339/ 192 DTR 359/ 316 CTR 23 (Mad)(HC)