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. 263 : Commissioner – Revision of orders prejudicial to revenue – Investment Bonds – Month means calendar month and not period of 30 days – Period of six months is to be considered as six calendar months and not 180 Days- Entitle to exemption – Order is not erroneous [ S.54EC ]

Kartick Chandra Mondal. v. PCIT ( 2020) 181 ITD 89/192 DTR 248/ 206 TTJ 904 (Kol) (Trib)

S. 254(2A): Appellate Tribunal –Stay- CIT (IT ) had already granted stay on collection of disputed demands till disposal of appeal on condition that assessee paid 30 per cent of demand- Order of stay being in a reasonable manner ,order is affirmed . [ S.143(3) 144C]

Kersiwood Holdings Ltd. v. ACIT (2020) 181 ITD 170 (Mum) (Trib.)

S. 194H : Deduction at source – Commission or brokerage – Credit card gateway facility – On line booking of tickets- Not liable to deduct tax at source as charges taken by bank and credit card agencies for providing facilities .

Inter Globe Aviation Ltd. v. ACIT (2020) 181 ITD 225/ 194 DTR 81 / 207 TTJ 191 (Delhi) (Trib.)

S. 194C : Deduction at source – Contractors – Passenger service fees – Airlines collecting security component and facilitation component from its customers and paid same to airport authority- liable to deduct tax at source as per provision of S.194C. [ S. 194J ,196, 201(IA ) ]

Inter Globe Aviation Ltd. v. ACIT (2020) 181 ITD 225/ 194 DTR 81/ 207 TTJ 191 (Delhi) (Trib.)

S. 154 : Rectification of mistake – Speculation business- Brought forward loss of earlier years were rightly set off against speculative business income for the year- No mistake apparent from record in assessment order. [ S.73 ]

Surya Commercials Ltd. v. DCIT (2020) 181 ITD 597 (Luck) (Trib.)

S. 153A : Assessment – Search- No incriminating evidence was found or seized during course of search- Additions/disallowances on basis of a tax evasion petition found much after search was unjustified [ S.132 ]

Rajat Minerals (P.) Ltd. v. DCIT (2020) 181 ITD 368 / 190 DTR 248 / 203 TTJ 955 (Ranchi) (Trib.)/KDS Contractors (P) Ltd v. Dy.CIT ( 2020) 181 ITD 368/ 190 DTR 248 / 203 TTJ 955 (Ranchi) (Trib.)

S. 143(3) : Assessment – Profit on sale of property used for residence – Capital gains -Exemption was not claimed in the return however claimed under wrong section in the course of assessment -Merely because assessee claimed deduction under wrong provision of S. 54F assesses claim could not be disallowed if it was allowable under an appropriate provision-Entitle to exemption/s 54 of the Act . [ S.54 , 54F ]

Satish S. Prabhu v . ACIT (2020) 181 ITD 63 (Mum) (Trib.)

S. 143(2) : Assessment – Notice – Notice issued after date of transfer was regarded as invalid notice – Assessment framed pursuant to illegal notice is held to be void ab initio .[ S.124, 127, 143(3) ]

Rungta Irrigation Ltd. v. ACIT (2020) 181 ITD 95 / 206 TTJ 449/ 193 DTR 121 (Kol) (Trib.)

S. 143(2) : Assessment – Notice – Notice issued after date of transfer was regarded as invalid notice – Assessment framed pursuant to illegal notice is held to be void ab initio .[ S.124, 127, 143(3) ]

Rungta Irrigation Ltd. v. ACIT (2020) 181 ITD 95 / 206 TTJ 449/ 193 DTR 121 (Kol) (Trib.)

S. 115JB : Book profit – Carrying forward of unabsorbed business losses for more than 8 years does not apply while computing adjusted book profits [ S.72 ]

Peerless Hospitex Hospital & Research Centre Ltd. v. DCIT (2020) 181 ITD 446/ 196 DTR 57/ 207 TTJ 300 (Kol) (Trib.)