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 accounting – Estimation of commission income at a higher rate merely on basis of presumption that assessee had shown a very small margin without any convincing evidence is not sustainable- Mismatch in figures between balance-sheet of assessee and balance-sheet of other parties — Difference cannot be assumed unexplained income . [ S. 68, 145(3) ]
Dy. CIT v . Vasu Kalia ( 2020) 81 ITR 507 ( Chd) (Trib) Dy CIT v. Balmukhi Textiles P. Ltd ( 2020) 81 ITR 507 ( Chd) (Trib) Dy.CIT v.Shiva Spinfab P. Ltd (2020) 81 ITR 507 ( Chd) (Trib) Dy CIT v. Rajinder Kumar (2020) 81 ITR 507 ( Chd) (Trib)
S.143(3): Assessment — Conversion of limited scrutiny into complete scrutiny -Principal Commissioner according approval in a mechanised manner — CBDT instructions- Violation of instruction No. 5 Of 2016 dt 14-7-2016 [2016 385 ITR (St.) 56 . [ S.142(1) , 144A, 292BB]
DEV Milk Foods Pvt. Ltd. v Add. CIT (2020) 81 ITR 178 (Delhi) (Trib)
S.115JB: Book Profit- Sick Industrial Company —Discharged by Board for Industrial and Financial Reconstruction – Net worth turning positive – Matter remanded to the file of Commissioner (Appeals) to decide on merit by passing speaking order. [Sick Industrial Companies [S. 40(a) )(ia), Special Provisions) Act, 1985, S. 17(1) ]
Windsor Machines Ltd. v. Dy. CIT (2020) 81 ITR 41 /206 TTJ 148 (Mum) (Trib)
S.92C: : Transfer pricing – Arm’s length price – Royalty -Paid for basket of services — Adjustment is held to be not justified -Advertising, marketing and promotion of sales expenses —No proof of existence of International Transaction —Adjustment made in respect of advertising marketing and promotion of sales expenses to be deleted -Expenses reimbursed matter remanded [ S.92CA ]
Reckitt Benckiser (I.) Pvt. Ltd. v Dy. CIT (2020) 81 ITR 577 (Kol) (Trib)
S. 80IC : Special category States -Sale of scrap — Scrap produced during manufacture —Eligible to deduction- Disallowance of interest -Quantification -Matter remanded . [ S.80IB ]
Reckitt Benckiser (I.) Pvt. Ltd. v Dy. CIT (2020) 81 ITR 577 (Kol) (Trib )
S.80IB : Industrial Undertaking — Apportionment of expenses between eligible and non-eligible units — Held to be proper .
Reckitt Benckiser (I.) Pvt. Ltd. v Dy. CIT (2020) 81 ITR 577 (Kol) (Trib)
S. 72A : Carry forward and set off of accumulated loss and unabsorbed depreciation – Amalgamation – revised return after order form High Court – Entitled to set off and carry forward of accumulated losses and unabsorbed depreciation [ S.2(19AA) , 32(2) ,72A(4) , 139(3) ]
ACIT v. Padma Logistics and Khanij Pvt. Ltd. (2020) 81 ITR 61/ 183 ITD 891/208 TTJ 67 (Kol) (Trib)
S. 69B : Amounts of investments not fully disclosed in books of account – Survey -Hotel business- Telescoping- Entitle to Depreciation on eligible on hotel building- Matter remanded . [ S.133A ]
Tarlok Kumar v. ACIT (2020) 81 ITR 462 ( Amritsar ) (Trib)
S. 69B : Amounts of investments not fully disclosed in books of account –Valuation of buildings — Difference between value estimated by valuation Officer and that stated by assessee Being Less than 15 Per Cent. — No addition could be made. [ S.132 ]
Shri Ram Murti Smarak Trust v. ACIT (2020)81 ITR 194 ( Luck ) (Trib) Dev Murti v . ACIT (2020)81 ITR 194 ( Luck ) (Trib)