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-Powers-Claim for deduction which is not made in return or revised return-Tribunal has power to allow deduction.[S. 139(1), 139(5)]

PCIT v. Ankit Metal and Power Ltd. (2019) 416 ITR 591/ 182 DTR 333/ 266 Taxman 237/ 311 CTR 369 (Cal.) (HC)

S. 234C : Interest-Deferment of advance tax–Waiver of interest– Demerger of business-Advance tax payment made by demerged company after appointed date-Resulting company entitled to waiver of Interest.[S. 119]

Ultratech Cement Ltd. v. CCIT (2019) 416 ITR 449/ 311 CTR 7 (Bom.)(HC)

S. 158BC : Block assessment–Undisclosed income–Telescoped– Tribunal remanding the order is held to be erroneous- Addition made by the AO is held to be valid. [S. 132, 254(1)]

CIT v. Malayil Bankers. (2019) 416 ITR 322/( 2020) 185 DTR 347 / 314 CTR 568 (Ker.)(HC)

S. 154 : Rectification of mistakes-Amalgamation of companies-Rectification for disallow claim allowed u/s. 80HHC is held to be not valid. [S. 80HHC]

CIT v. Harrisons Malayalam Ltd. (2019) 416 ITR 509 (Ker.)(HC)

S. 154 : Rectification of mistake-An order of rectification, on the basis of the law declared by the Supreme Court or the High Court is permissible-Non-resident-Shipping business–option to assessee- Interest can be levied. [S. 172, 234B, 234C]

CIT v. Norasia Lines (Malta) Ltd. (2019) 416 ITR 271 (Ker)(HC)

S. 147 : Reassessment-Amalgamation of companies-Change of previous year allowed by AO-Reassessment proceedings on ground that AO was not aware of amalgamation of companies- Held to be not valid. [S. 148]

CIT v. Harrisons Malayalam Ltd. (2019) 416 ITR 509 (Ker.)(HC)

S. 147 : Reassessment-Notice-Order passed without disposing of objections raised by assesse-Reassessment Order is set aside to consider the objections.[S. 148]

Surendra Kumar Jain. v. CIT (2019) 416 ITR 340 (Delhi)(HC)

S. 147 : Reassessment–Reasons for issue of notice must be given –Objections must considered by passing speaking order– Reassessment is held to be not valid-Existence of alternative remedy would not bar issue of writ. [S.148, Art. 226]

North Eastern Electric Power Corporation v. PCIT (2019) 416 ITR 425/ 182 DTR 16/ 310 CTR 706 (Meghalaya) (HC)

S. 127 : Power to transfer cases–Reasons must be recorded- Objections must be considered-Order of transfer is held to be not valid.

MRL Postnet Private Limited. v. CIT (2019) 416 ITR 407 (Mad.) (HC)

S. 119 : Central Board of Direct Taxes-Refund claims and carry forward the losses-Delay in filing of return-Refusal to condone the delay would cause genuine hardship to assessee-Rendering substantial justice is the paramount consideration of the Courts as well as the authorities rather than deciding on hyper technicalities.[S. 139(9)]

Surendranagar District Co-Operative Bank Ltd. v. DCIT (2019) 416 ITR 294/182 DTR 353/ 311 CTR 91 (Guj.)(HC) Editorial : SLP of revenue is dismissed DCIT v. Surendranagar District Co-Operative Bank Ltd. (2019) 416 ITR 296 (SC).