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 – No proper enquiry was made in respect of unexplained investment , revision was held to be justified [ S. 69,133(6),143(3) ]

Syed Abubacker Riyaz v. CIT (2018) 403 ITR 252 (Karn) (HC)

S. 179 : Private company – Liability of directors – Before the Assessing Officer assumed jurisdiction, efforts to recover the tax dues from the company should have failed and such efforts and failure of recovery ought to have been mentioned in the notice, howsoever briefly. No distinction can be made between professional or paid directors and directors holding a large shareholding stake in the company.

Mehul Jadavji Shah v. DCIT ( 2018) 403 ITR 201 / 165 DTR 366/255 Taxman 126 / 302 CTR 344 (Bom) (HC)

S.147: Reassessment-After the expiry of four years- Transfer of shares – There was no failure to disclose material facts -Reassessment is bad in law [ S.148, R.40B ]

Dempo Brothers Pvt Ltd. v. ACIT (2018) 403 ITR 196 (Bom) (HC) Editorial: SLP of Revenue is dismissed (SLP No.32769 of 2018) (2019) 410 ITR 162(St.)(SC)

S. 143(1) : Assessment – Intimation -Additional tax -Reduction of loss on account of depreciation- Additional tax is held to be not leviable .[ S.143(IA) ]

PCIT v. Gujarat Electricity Board. (2018) 403 ITR 245 (Guj) (HC)

S. 80P : Co-operative societies – Mere inclusion of name originally and object in bye-laws of society is not conclusive, deduction is eligible .

Eluru Co-Operative House Mortgage Society Ltd. v. ITO (2018) 403 ITR 172 (T&AP) (HC)

S. 69B : Amounts of investments not fully disclosed in books of account – Purchase of land – Difference between the amount disclosed and estimate by Assessing Officer cannot be treated as undisclosed . [ S.153A ]

PCIT v. Millennium Park Holdings Pvt. Ltd. (2018) 403 ITR 178 (Guj) (HC)

S.68: Cash credits — Deposit in Bank- — Failure to explain the source satisfactorily addition was held to be justified .

Krishan Kumar Sethi v. CIT (2018) 403 ITR 189 / 255 Taxman 193 (Delhi) (HC)

S.37(1): Business Expenditure – Commission – Expenditure incurred was reasonably linked with its business which was confirmed by the parties hence allowable as business expenditure

CIT v. Mohan Export India Pvt. Ltd. (2018) 403 ITR 207/162 DTR 247 /253 Taxman 386 (Delhi) (HC)

S.32: Depreciation —Machinery utilised for trial runs is entitle to depreciation .

PCIT v. Larsen And Toubro Ltd. (2018) 403 ITR 248 / 98 Taxmann.com 186(Bom) (HC).Editorial: SLP of revenue is dismissed , PCIT v. Larsen and Toubro Ltd. (2018) 259 Taxman 79 (SC)

S. 10(34) :Dividend – Domestic companies – Tax on distribution of profits – Applicable only for amounts which suffered tax u/s 115O does not apply to deemed dividends . [S. 2(22)(e), 115O]

DR. T. J. Jaikish v. CIT (2018) 403 ITR 256 (Ker) (HC)