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

Interpretation of taxing statutes – Binding precedent – Two conflicting decision of different High Court – Transfer of case – Jurisdictional High Court decision will be binding on the Assessing Officer .

Rampal Hooda v ITO ( 2020) BCAJ -April – 34 ( Delhi ) (Trib)

Interpretation of taxing statutes – Binding precedent – Two conflicting decision of different High Court – Transfer of case – Jurisdictional High Court decision will be binding on the Assessing Officer .

Rampal Hooda v ITO ( 2020) BCAJ -April – 34 ( Delhi ) (Trib)

S. 271(1)(c) : Penalty – Concealment – Disallowance of service tax -Nether debited to profit and loss account nor claimed as expenditure – levy of penalty is held to be not justified [ S.43B ]

C.S.Datamation Research Pvt Ltd v ITO ( 2020) BCAJ-July -P. 48 ( Delhi) (Trib)

S. 271E : Penalty – Repayment of loan or deposit – Reasonable cause – Levy of penalty is not valid [ S. 269T, 273B ]

Jayantilal Voashnav HUF v .JCIT ( Mum) (Trib) www.itatonline.org

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record –Non -consideration of jurisdictional High Court , though not cited before the Tribunal at the time of hearing of appeal , constitute a mistake apparent on record – Gain derived form foreign currency bonds – Order recalled [ S. 4 , 28(i) ]

Tata Power Company v. ACIT ( 2020) BCAJ – September – P. 42 ( Mum) (Trib)

S. 254(1) : Appellate Tribunal – Legal opinion – Delay of 458 in filing an appeal against an order under section 263 of the Act was condoned on payment of cost of Rs 25000 to the Maharashtra State legal Services . [ S. 253, 263 , 260A ]

Procter & Gamble Hygine & Healthcare Ltd v .CIT ( 2020) BCAJ -May -2020 – P. 72 ( Bom) (HC)

S. 153C : Assessment – Income of any other person – Search – Assessment initiated without issue of notice is held to be bad in law [ S.132 ]

Krez Hotel & Reality Ltd v . JCIT ( 2020) BCAJ -July- P. 46 ( Mum) (Trib)

S. 153C : Assessment – Income of any other person – Search – Additional ground – The date of receiving the books of account by the Assessing Officer having jurisdiction over such other person, from the Assessing officer of the searched person- Satisfaction by the A.O in the file of the assessee i.e the person other than the searched person, shall be taken as the relevant date for reckoning the period of six assessment years for which assessments could have been framed u/s 153C. [ S.132 ]

Paresh K .Shah v . DCIT ( Mum) (Trib) www.itatonlibe.org

S. 147 : Reassessment – Cash deposits -Cash credits – Issue of notice mechanically without application of mind – Assessment is held to be bad in law [ S.68, 148 ]

Omvir Singh v. ITO ( 2020) BCAJ -July -P 47 ( Delhi ) (Trib)

S.143(3): Assessment – Joint development – Share of profits paid to co -developer based on oral understanding can not disallowed as the recipient had offered it to tax and there being no revenue loss and the transaction was tax neutral [ S. 28(i) , 37 (1) ]

HP Associates v .ITO ( 2020) BCAJ -September – P. 43 ( Mum) (Trib)