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. 234C : Interest – Deferment of advance tax – Mere filing of review petition before Supreme Court could not be ground for not paying advance tax . [ S.119 ]

Canbank Financial Services Ltd. v Chief CIT (2020)423 ITR 113 /194 DTR 118/ 317 CTR 834 (Karn)(HC)

S. 226 : Collection and recovery – Stay -Appeal pending before Commissioner (Appeals) — Request to keep the demand in abeyance- Assessing Officer refusing and directing to pay 20 Per Cent. of demand — Held to be not proper- Commissioner (Appeals ) was directed to hear the appeal expeditiously [ S.246A ]

Bhupendra Murji Shah v. Dy CIT (2020) 423 ITR 300 (Bom)(HC)

S. 194H : Deduction at source –Commission on reinsurance premium – Not liable to deduct tax at source .

CIT v. Royal Sundaram Alliance Insurance Co. Ltd. (2020)423 ITR 122 (Mad)(HC)

S.158BE: Block assessment – Limitation —Time taken to obtain information stored in Electronic records to be taken into account — Search started January 2001 —Access to records stored in computer was not given June 2001 — Block assessment In June 2003 — Not barred by limitation [ S. 132(1(iib) , 158BC , Information Technology Act , 2000 , S .2 ]

Dr. Bharat Mehta v. Dy CIT (2020)423 ITR 568 / 196 DTR 305(Mad) (HC)

S. 153C : Assessment – Income of any other person – Search- Transfer of shares – Capital gains – Non compete fee- Price for which shares were sold was justified – Deletion of addition is held to be not justified [ S. 132, 143(3) 153A ]

CIT v. M. P. Purushothaman (2020) 423 ITR 248/ 193 DTR 173/ 316 CTR 429 (Mad) (HC)

S.153A: : Assessment – Search- Warrant of authorization – Application of mind and formation of opinion honest and bona fide belief- Issue of warrant of Authorisation and notice is held to be valid [ S.132 , Art. 226 ]

Subhash Sharma v. CIT (2020) 423 ITR 47 / 193 DTR 306/ 316 CTR 580 (Chhattisgarh) (HC)

S.148: Reassessment —Notice – Pendency of assessment – Issue of notice for reassessment is not permissible [ S. 124(3), 142(1), 143(3), 147 ]

PCIT v. Govind Gopal Goyal (2020) 423 ITR 106 (Guj)(HC)

S.147: Reassessment —Share capital- Notice issued based on disallowances made in for subsequent year — No information available for specific assessment year – Notice is held to be invalid [ S.68 , 147(b) , 148 ]

Tropex Promotion and Trading Ltd. v CIT (2020)423 ITR 510 (Delhi)(HC)

S.147: Reassessment —Capital gains- Joint venture agreement with developer-Handing over possession of property and accepting refundable deposit — Matter Remanded to Assessing Officer. [ 2(47)(v), 45, 147, 148 , Transfer of Property Act 1882 , S.53A ]

Sumeru Soft P. Ltd. v. ITO (2020) 423 ITR 518/195 DTR 267 (Mad)(HC)

S.147: Reassessment —Change of opinion- No new tangible material-Reassessment is held to be bad in law . [ S.148 ]

PCIT v. Zee Media Corporation Ltd. (2020) 423 ITR 304 (Bom)(HC)