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. 254(1) : Appellate Tribunal – Duties- Consolidation of appeals on the request of the department without adequate notice to the assessee is quashed [ S.253]

BPTP LTD. v. CIT (2018) 406 ITR 475/257 Taxman 456 (Delhi) (HC)

S. 144C : Reference to dispute resolution panel -Draft assessment order- Limitation- Quoting wrong provision in the assessment order in consequential-Alternative remedy – Writ is not maintainable .[S. 92CA, 246(1)(A), Art . 226 ]

Inno Estates Pvt. Ltd. v. DRP-2 (2018) 406 ITR 553/ 258 Taxman 160 / ( 2019) 179 CTR 228/ 309 CTR 372 (Mad) (HC)

S. 139AA: Return of income – Quoting of Aadhaar Number – Permanent Account number— Provision making it compulsory for all assessees to obtain Aadhaar Card and quote Aadhaar number to prescribed authority —Extension of time by Circular issued by CBDT -Directions issued stating that return filed by the assessee should be processed accordingly . [ Art .226 ]

Mukul Talwar. v. UOI (2018) 406 ITR 472/ 303 CTR 639 /168 DTR 111 (Delhi) (HC) Vrinda Grover v. UOI (2018) 406 ITR 472/ 303 CTR 639/168 DTR 111 (Delhi) (HC)/ Pradeep Kumar v. UOI ( 2018) 303 CTR 636 /168 DTR 108 ( P& H) (HC)

S. 43A : Rate of exchange – Actual cost- Depreciation- Notional fluctuation- Imported assets acquired in foreign currency — Fluctuation in rate of exchange — Adjustment can be made at each date of balance-sheet pending actual payment. [ S.32 ]

CIT v. Phonex Lamps India Ltd. (2018) 406 ITR 550 (All) (HC)

S. 35D : Amortisation of preliminary expenses -Expenses incurred on issue of public subscription of shares or of debentures of the company, any payment made against commission, brokerage and charges for drafting, typing, printing and advertisement of the prospectus would be eligible for benefit.

CIT v. Phonex Lamps India Ltd. (2018) 406 ITR 550 (All) (HC)

S.32: Depreciation-Preoperative expenses — Capital expenditure — Entitle depreciation .

CIT v. Phonex Lamps India Ltd. (2018) 406 ITR 550 (All) (HC)

S. 13 : Denial of exemption-Trust or institution-Investment restrictions -Holding shares in a company- Denial of exemption to be restricted to income from shares to be taxed at marginal rate under S. 164(2) [ S. 11,13(1))(d)(iii), 164 (2)]

CIT v. Santokba Durlabhji Trust Fund. (2018) 406 ITR 457 (Raj) (HC) Editorial: SLP is granted to the revenue ; CIT v. Santokba Durlabhji Trust Fund. (2018) 404 ITR 2 ( St)

S. 2(22)(e):Deemed dividend-Advance to Shareholder — Deemed dividend can be assessed only in hands of registered shareholder.

CIT v. Ennore Cargo Container Terminal P. Ltd. (2018) 406 ITR 477 (Mad) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Sale of plant and machinery along with capital WIP, cost incurred on capital WIP was required to be reduced as ‘cost of acquisition’ while arriving at taxable amount of capital gain-Revision is held to be not valid [ S. 2(14),50, 74 ]

Titagarh Industries Ltd. v. DCIT (2018) 171 ITD 559/ 170 ITD 361 (Kol) (Trib)

S.68: Cash credits-Share capital- Share premium- Share capital and share premium received from investing companies cannot be assessed as cash credits merely because it failed to produce directors of investing companies personally for confirmation, when other evidence such as their address, PAN, confirmation letters etc. was produced . [ S.131 ]

ACIT v. Swiftsol (I) (P.) Ltd. (2018) 171 ITD 577 (Nag.) (Trib.)