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. 264 :Commissioner – Revision of other orders –Income from sale of property is shown as short term capital gains- Revision application made to assessee the income as business income [ S.5A, 28(i),45(2), 143(1) ,Portuguese Civil Code , Art .226 ]

Rajesh Prakash Timlo v. PCIT ( Bom) (HC) (UR) Vidya Rajesh Timlo v. PCIT ( Bom) (HC) (UR)

S. 254(1) : Appellate Tribunal – Duties -Strictures – Disallowance of administrative expenses- Matter remanded to the Tribunal following the earlier year order. [ S.40(a)(ia) , 40(b)(a), 194C ]

PCIT v ITD CEM INDIA JV (Bom) (HC) (UR)

S. 254(1) : Appellate Tribunal – Duties- Delay of 253 days in filing the appeal before the Tribunal is condoned – Directed the assessee to deposit Rs 10000 / with the Maharashtra State Legal Services Authority and submit receipt of the same before the Office the Tribunal – Directed the Tribunal to decide on merit [ S.12A(3), 253 ]

Nandkishor Education Society v CIT ( Bom) (HC) (UR)

S.226: Collection and recovery – Modes of recovery –Pendency of appeal before CIT(A) – CIT(A) is directed to hear the appeal with on four weeks from the date of the receipt of an authenticated copy of the order- Stay proceedings were stayed . [ S. 179, 226(3) ]

Teleperformance BPO Holdings Pvt Ltd v ACIT ( Bom) (HC) ( UR)

S. 143(3) :Assessment – Capital -Revenue – Share premium- -Reassessment –Addition is made on account of share premium , without issuing show cause notice and without following the principle of natural justice -Income from other sources- Alternative remedy is available – Directed to file an appeal with in four weeks . [ S. 4, 56(1) , 148 ,246A, Art .226 ]

Deepak Kochhar v UOI ( Bom) (HC) (UR)

S. 147 : Reassessment – After the expiry of four years- No failure to disclose material facts which are necessary for assessment – Order of Tribunal is affirmed .[ S.14A, 40(a)(ia),115JB ,148,194J ]

CIT v. IDBI Ltd ( Bom) (HC) (UR)

S. 115WA: Fringe benefit tax – Relationship of employer and employee – Free medical samples distributed to doctors is in the nature of sales promotion – Not liable to pay fringe benefit tax .[ S.115WG ]

PCIT v . Aristo Pharmaceuticals P.Ltd (2020)423 ITR 295/ 187 DTR 388 ( Bom) (HC)

S. 115JB : Book profit – Provisions as it stood prior to its amendment by virtue of Finance Act, 2012, would not be applicable to a banking company governed by provisions of Banking Regulation Act, 1949- Companies which are not required to prepare its profit and loss account in accordance with part II & III of Schedule VI of the Companies Act , 1956 – Adjustment cannot be made . [ S.115JB(2) ,Companies Act , 1956 , S 211(2) , Banking Regulation Act, 1949 ]

PCIT v. Bank of India ( Bom) (HC) (UR)

S. 80IB(10) : Housing projects- Completion of project- Partial construction of project – Eligible for exemption .

PCIT v Sadhana Builders Pvt. Ltd. ( Bom) (HC) (UR)

S. 69A : Unexplained money -Un explained jewellery – Deletion of addition by the CIT(A) is held to be justified . [ S.132(4) ]

DCIT v Manekchand Kothari (Mum) (Trib) (UR)