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. 147 : Reassessment-After the expiry of four years-Capital gains-Year of taxability-No new material–Reassessment is held to be not valid. [S. 45, 148]

Nilamben Sandipbhai Parikh v. ACIT (2019) 266 Taxman 191 (Guj.)(HC)

S. 147 : Reassessment-After the expiry of four years-Furnishing all details in response to notices-Non-application of mind by assessing officer to materials produced at the time of original assessment-Reassessment is invalid. [S. 142(1), 143(2) 148, Art. 226]

Supra Estates India Pvt. Ltd. v. ITO (2019) 418 ITR 130/( 2020) 268 Taxman 88 (Bom.) (HC)

S. 145 : Method of accounting–Valuation of stock–Goods ready for shipment had not been transferred-Declaration made in accordance with provision of sales tax is not relevant for the purpose of income-tax Act-Valuation of stock at cost or market price at the option of assessee-Held to be valid.

PCIT v. Jindal Stainless Ltd. (2019) 109 taxmann.com 144/ 266 Taxman 188 ( Delhi) (HC) Editorial: SLP of revenue is dismissed; PCIT v. Jindal Stainless Ltd. (2019) 266 Taxman 187 (SC)

S. 145 : Method of accounting–Not maintaining of stock record-Rejection of books of account is held to be valid-CIT(A) has the power of enhancement after giving an opportunity of hearing-No substantial question of law.[S. 145(3), 251]

Deepak Rugs. v. CIT (2019) 418 ITR 179/ 310 CTR 135 / 180 DTR 141 / 267 Taxman 262 (All.) (HC)

S. 142(2A) : Inquiry before assessment–Special audit–Complexity in accounts–Order to Special audit is held to be valid-Juristic person like a company cannot file a writ petition. [Art. 226]

Cama Hotels Ltd. v. Samir Vakil for his successor Dy. CIT (OSD) (2019) 418 ITR 109 / 182 DTR 129/ 311 CTR 537(Guj.)(HC)

S. 80IB(10) : Housing projects- Condition that completion certificate must be obtained within four years from local authority -Amendment is not retrospective —Not applicable prior to 1-4-2005 – Order of Tribunal quashing the reassessment is held to be valid. [S. 147, 148]

PCIT v. Sahara States, Gorakhpur. (2019) 418 ITR 168 / 310 CTR 457/181 DTR 265 / 267 Taxman 130 (All.)(HC)

S. 68 : Cash credits–Loan–Accommodation entries-Creditor admitting loan was not genuine–Retraction of admission after more than two years–No evidence was produced to prove genuineness of loan-Order of Tribunal is affirmed-No substantial question of law. [S. 131, 133A, 260A]

Swastik Realtors v. ACIT (2019) 418 ITR 1/ 267 Taxman 27 / 311 CTR 946/ ( 2020) 186 DTR 186(Bom.) (HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Contractors-Turnover did not exceed monetary limit prescribed under the Act for tax audit – Not liable to deduct tax at source-Disallowance cannot be made for failure to deduct tax at source. [S. 44AB, 194C]

PCIT v. Vijay S. Poojari (2019) 109 taxmann.com 212 / 266 Taxman 183 (Bom) (HC) Editorial : SLP of the revenue is dismissed; PCIT v. Vijay S. Poojari. (2019) 266 Taxman 182 (SC)

S. 10A : Free trade zone-Disallowance of expenses-Enhanced profit due to statutory disallowances–Entitle to deduction. [S.40(a)(ia)]

PCIT v. BMC Software India (P.) Ltd. (2019) 109 taxmann.com 277 / 266 Taxman 179 (Bom.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. BMC Software India (P.) Ltd. (2019) 266 Taxman 178 (SC)

S. 10(23EA) : Investor Protection Fund–Trust which is qualified under Sections 11 to 13 could also claim exemption–Rejection of claim is held to be not justified. [S. 11, 12, 13]

National Stock Exchange Investor Protection Fund Trust. (2019) 109 taxmann.com 275 / 266 Taxman 181 (Bom.)(HC) Editorial : SLP of revenue is dismissed; National Stock Exchange Investor Protection Fund Trust. (2019) 266 Taxman 180 (SC)/ 416 ITR 129 (St.)(SC)