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
Click here to download the pdf versions of the Digest of case laws

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Record – Provision for warranty- Assessing Officer forming proper opinion after making due enquiries and verification-Revision not valid. [ S. 37(1),145 ]

SL Lumax Ltd. v. PCIT (2020) 78 ITR 1 ( SN) ( Chennai) (Trib)

S.234E: Fee-Default in furnishing the statements- Provision Prospective — No demand could be made for Assessment Years for periods prior to 1-6-2015 [ S.200A(1)( c ) ]

AVV Enterprises P. Ltd. v. Dy. CIT (2020) 78 ITR 60 (SN) (Delhi) (Trib)

S. 201 : Deduction at source – Failure to deduct or pay – Interest-Joint deposit holders —Not furnishing actual tax liability or details — Calculation of tax deduction at source liability in respect of 162 Cases justified [ S.194A, 201(1), 201(IA) Form No .15G 15H ]

Tamilnad Mercantile Bank Ltd. v Dy. CIT (TDS) (2020) 78 ITR 61 ( SN) ( Vishhaka ) (Trib)

S. 199 : Deduction at source – Credit for tax deducted – Percentage completion method- Offering income as and when accrued – Principle of consistency — Deferred income not liable to tax- Assessing Officer directed to restrict credit of tax deduction at source corresponding to income offered by assessee. [ S.145 ,R. 37BBA(3) ]

ITO v. Orient Craft Fashion Institute Of Technology (P.) Ltd. (2020) 78 ITR 10 (SN) (Delhi) (Trib)

S.147: Reassessment -Unexplained investment -Date wise statement of withdrawal of cash from bank account and deposit in bank account neither faulted nor doubted — Addition is held to be not justified [ S. 69, 148 ]

Suresh H. Thakkar v. CIT(Appeals) (2020) 78 ITR 73 (SN)(Mum) (Trib)

S. 147 : Reassessment – No addition was made as regards reasons recorded – Reassessment is held to be not valid [ S.54F,148 ]

Sarwar Mohd. Khan v. ACIT (2020) 78 ITR 39 (SN) (Indore ) (Trib)

S.147:Reassessment – Appeal To Appellate Tribunal —No specific deficiencies in cash and bank books- Generalised adverse comments- Assessing Officer to go through records and to point out specific defects and escapement of income- Matter remanded for limited verification [ S.148, 254(1) ]

K. Gurumurthy v. ITO (2020) 78 ITR 50( SN) ( Chennai) (Trib)

S.147:Reassessment —Notice under section 143(2) issued on same date as return filed in response to notice — Non-application of mind- Reassessment is held to be not valid [ S.143(2) , 148 ]

Durga Ferrous P. Ltd. v. ITO (2020) 78 ITR 24 (SN) ( Delhi ) (Trib

S.147: Reassessment —Amalgamation- Information of amalgamation was brought to notice of Assessing Officer —Reassessment proceedings against amalgamating company is held to be void ab initio . [ S.148 ]

Dy. CIT v. Palm Tech India Ltd. (2020) 78 ITR 4 (SN)(Mum) (Trib)

S.147:Reassessment — After the expiry of four years- Depreciation- Reassessment is held to be not valid .[ 148 ]

W. B. Engineers International P. Ltd. v. Dy. CIT (2020) 78 ITR 21 (SN)(Pune) (Trib)