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

S. 2(22)(e):Deemed dividend- Share holder – Substantial business is money lending – Loan not assessable as deemed dividend .

CIT v. Bharat Hotels Ltd ( 2019) 410 ITR 417 (Delhi) (HC)

Interpretation of taxing statues – Literal interpreatations- Black Money (Undisclosed Foreign Income and Assets ) and Imposition of tax Act , 2015 .

Srinidhi Karti Chidambaram & Ors v. PCIT ( 2018) 172 DTR 113 /305 CTR 689 /( 2019) 411 ITR 1( Mad) (HC)

S. 271C : Penalty-Failure to deduct at source-leave travel concession- Foreign travel–Bona fide belief that there was no bar on travel to a foreign destination during course of travel to a place in India -Levy of penalty is held to be not justified. [S. 10(5), 192, 273B]

State Bank of India v. ACIT (2019) 174 ITD 551/ 197 TTJ 989 (Jaipur)(Trib.)

S. 268A : Appeal–Tax in dispute less than 20 lakhs–Appeal of revenue is dismissed. [S. 253]

DCIT v. Shashiben Rajendra Makhijani (2019) 174 ITD 581 (Ahd.)(Trib.)

S. 249 : Appeal – Commissioner (Appeals) – Admitted tax as per return of income -Requirement of paying admitted tax before filing appeal is directory -When defect is removed, earlier defective appeal becomes valid. Accordingly the matter was remanded to CIT(A). [S. 249(4)]

Sushila Devi Malu (Smt.) v. ITO (2019) 174 ITD 627 (Bang) (Trib.)

S. 144 : Best judgment assessment-Unaccounted receipts–loose papers – Search –Only net profit to be added as income and not gross receipts. [S. 69A, 145]

DCIT v. Mehul T. Desai (2019) 174 ITD 584 (Surat)(Trib.)

S. 115JB : Book profit-Waiver of principal and interest-One time settlement-Disclosed in notes’ to Auditors Report- obligatory on part of Assessing officer to have considered same while determining book profit-Matter remanded – Prior period adjustment- Justified in rejecting claim of deduction in respect of prior period adjustments . [Companies Act, 1956, S. 211(6)]

Mukand Ltd. v. ITO (2019) 174 ITD 605 / 198 TTJ 894/ 176 DTR 156 (Mum.)(Trib.)

S. 68 : Cash credits–Share premium-High premium-Transaction cannot be doubted–Addition is held to be not justified.

DCIT v. Piramal Realty (P.) Ltd. (2019) 174 ITD 633/ 198 TTJ 999 / 176 DTR 242 (Mum.) (Trib.)

S. 54F : Capital gains-Investment in a residential house– Deduction cannot be denied only on the ground that bills and vouchers were not produced, when the inspector had visited the site and reported the construction of new house. [S. 45]

Govind Gangadhar Sabane v. ITO (2019) 174 ITD 577 (Pune) (Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation – Jantri value/circle rate of land was not higher than sale price agreed by assessee with purchaser, deeming provisions of could not be invoked. [S. 45, 48]

DCIT v. Nimish Kalyanbhai Vasa (2019) 174 ITD 562 / 199 TTJ 989/ 178 DTR 401 (Ahd.)(Trib.)