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.226: Collection and recovery – Stay- Pendency of appeal -High pitched assessment -Notional rent -Prima facie case for grant of stay [ S.12A , Art , 226 ]

TVS Charities v .ITO (E) (2019) 104 CCH 0738/ (2020) 422 ITR 548 / 192 DTR 67/ 315 CTR 914 (Mad)(HC)

S.226: Collection and recovery -Appeal Against assessment pending before Tribunal — High Court will not interfere- Department was directed to release the buses solely for use in college activities – Tribunal is directed to take up the stay petition and appeal for hearing and disposal forthwith . [ S. 12AA, 153A , Art .226 ]

Prathyusha Educational Trust v. Tax Recovery Officer (2019) 104 CCH 0736/ (2020) 422 ITR 291 (Mad) (HC)

S. 179 : Private company – Liability of directors -Inability to recover dues from company — Revenue should establish inability to recover due from the Company. [ Art .226 ]

Sonal Nimish Patel v. ACIT (2020)422 ITR 275 /107 CCH 0449 / 191 DTR 388/ 315 CTR 927/ 270 Taxman 141 (Guj)(HC)

S. 179 : Private company – Liability of directors – Auction sale of attached property – A going concern by virtue of order of National Company Law Tribunal does not alter situation of default of tax [ Art .226 ]

Gauravbhai Hargovindbhai Dave v. Tax Recovery Officer (2020) 422 ITR 134 /104 CCH 0732/ 188 DTR 68 (Guj)(HC)

S. 158BD : Block assessment – Undisclosed income of any other person – Search on partners- Assessment in status of Association of persons Justified — Levy of interest u/s 158BFA(1) is held to be valid . [ S.184 158BFA(1) ]

Sri Venkatesha Bottles v. ACIT (2020) 422 ITR 284 / 107 CCH 0455/ 192 DTR 153/ 316 CTR 204 /273 Taxman 75 (Karn)(HC)

S. 158BC : Block assessment – Search and seizure – The authorities are under an obligation to examine the validity of the search and only thereafter proceed to initiate the block assessment proceedings- Addition made as undisclosed income is held to be bad in law [ S.132 132A, , 292CC ]

Ramnath Santu Angolkar v. Dy. CIT (2019) 106 CCH 0433 / (2020)422 ITR 508/ 275 Taxman 170 (Karn)(HC)

S.147: Reassessment — Return submitted — Notice on ground that returns had not been submitted — Loan transactions accepted in original assessment —Notice seeking to assess outstanding liability as income from other sources — Held to be not valid [ S. 56, 148 , Art .226 ]

Vanita Sanjeev Anand v .ITO (2020)422 ITR 1/ 189 DTR 198/ 314 CTR 608/ 271 Taxman 105 (Delhi)(HC)

S.147: Reassessment —Book profit – Provision for bad and doubtful debt- Oder of the AO was in accordance with the judgement of the Supreme Court – Subsequent retrospective amendment withdrawing deduction — Notice based on amendment is held to be not valid .[ S. 115JA , 115JB 148 ]

CIT v. Saint Gobain Glass India Ltd. (2020) 422 ITR 417 /193 DTR 399/ 317 CTR 468/ 269 Taxman 610 (Mad)(HC)

S.147: Reassessment-After the expiry of four years- One year with in four years- Audit objection – Amortisation of programme/movie cost and deduction of tax on foreign remittances- No failure to disclose material facts-Reassessment notice is not valid .[S.148 ]

Asianet Star Communications Pvt Ltd v. ACIT (2019) 104 CCH 0550 / (2020)422 ITR 47 /191 DTR 152/ 317 CTR 732 (Mad) (HC)

S. 144C : Reference to dispute resolution panel – Provision Applicable From Assessment Year 2011-12 – Insertion of S .144C By Finance (No. 2) Act Of 2009 — Provision applicable from assessment Year 2011-12 — Circular In 2013 stating that provision would be applicable from October 2009 is held to be not valid .

Vedanta Ltd v .ACIT (2019) 106 CCH 0430 / (2020)422 ITR 262 / 191 DTR 200/ 315 CTR 832(Mad) (HC)