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.145: Method of valuation – Stock-In-Trade — Valuation —Encroached and litigated land — Cannot be valued at nil value — Remitting the matter to the Assessing Officer is held to be proper

Rajasthan State Industrial Development And Investment Corporation Ltd. v ACIT (2020)423 ITR 625 (Raj)(HC)

S.145: Method of Accounting —Business of giving vehicles on hire purchase basis —Changing method of accounting to sum of digits but submitting returns on emi basis — Method is held to be proper

CIT v. Ashok Leyland Finance Ltd. (2020)423 ITR 394 (Mad)(HC)

S. 144C : Reference to dispute resolution panel –Draft assessment order- Natural justice – Appellate Tribunal – Admission of additional evidence is held to be justified on question of law – When the Tribunal set aside the proceedings on the ground of violation of the principles of natural justice, the first exercise was void and without jurisdiction- Nothing remained on the record, including the draft assessment order-Issuance of a draft assessment order was necessary- Proceedings were to be started afresh on remand-.Non-issuance of the draft assessment order thus vitiated the final assessment order. [ S.92C, 254(1) ]

PCIT v .Andrew Telecommunications P. Ltd. (2020) 423 ITR 503 (Bom) (HC)

S. 127 : Power to transfer cases – Survey – Purpose of transfer for co-ordinated investigation of connected cases — Possibility Of Involvement Of Scam having international ramifications —Transfer order is held to be valid. [S.133A Art .226 ]

IDS Infotech Ltd. v. PCIT (2020)423 ITR 82/ 275 Taxman 358 (P&H) (HC)

S.115JB: Book profit – Fluctuations In Foreign Exchange Rates-Exempt income- Deletion of addition is held to be justified . [ S.14A ]

PCIT v. Shapoorji Pallonji and Co. Ltd. (2020)423 ITR 220/ 273 Taxman 167 (Bom)(HC)/Editorial : SLP of Revenue dismissed , PCIT v. Shapoorji Pallonji and Co. Ltd. (2022) 288 Taxman 661 (SC)

S. 115JB : Book profit – Insurance company – Provision is not applicable – Solatium fund – Estimation done according to directions given by Government of India as per decision taken by general Insurance Company — Not liable to taxation . [ S. 4, 37(1)

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

S.80P: Co-Operative Society —Interest from credit to employees — Not entitled to deduction .

Kerala State Co-Operative Agricultural and Rural Development Bank Ltd. v Dy. CIT (2020)423 ITR 350 (Ker) (HC)

S.80IB (10): Housing Project —Entire project as composite one – entitle to deduction .

CIT v. A. Jagadeeswari ( Smt.) (2020)423 ITR 8 / 274 Taxman 168(Mad) (HC)

S.80IA: Industrial undertaking – Backward area —Undertaking set up in area designated subsequently as backward —Not entitled to deduction .

CIT v . Endeka Ceramics (India) Pvt. Ltd. (2020)423 ITR 117/ 186 DTR 369/ 313 CTR 238/ 269 Taxman 591 (Karn)(HC)

S.69C: Unexplained expenditure — Bogus purchases – Information from Sales-Tax Authority — Neither independent enquiry conducted by Assessing Officer nor due opportunity given to assessee Deletion of addition is held to be justified .

PCIT v. Shapoorji Pallonji and Co. Ltd. (2020)423 ITR 220/ 273 Taxman 167 (Bom)(HC) Editorial: SLP of Revenue dismissed , PCIT v. Shapoorji Pallonji and Co. Ltd. (2022) 288 Taxman 661 (SC)