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. 263 : Commissioner – Revision of orders prejudicial to revenue -Business income or other sources- Income should be taxed as business income or as arising from the other source ia a debatable issue – Revision is held to be not justified. [ S.28(i), 56 ]

PCIT v. Canara Bank Securities Ltd (Bom)(HC)(UR) Editorial: SLP of revenue is dismissed (SLP No.24546 of 2019 dt.14/10/2019) (2019) 418 ITR 17 (St.)(SC)

S.254(2) : Rectification of mistake apparent on record –Recall of order—Appellate Tribunal remand matter to the Assessing Officer If order of the Tribunal is correct, there is no reason or necessity for recalling such correct order just because Co-ordinate Bench decision was not mentioned or discussed in the order. [ ITAT R. 24 ]

CIT v . Ronak Parikh (HUF) (2020) 426 ITR 203 /191 DTR 36 / 316 CTR 490(Bom)(HC)

S.244A: Interest on refund – held to be allowable to the Assessee on the self-assessment tax refunded.(244(1)(b))
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PCIT v. Bank of India (Bom)(HC)(UR) Editorial: SLP granted to the revenue. (CA No. 7426 of 2019 13/09/2019)(2019) 418 ITR 17(St.)(SC)

S.148: Reassessment – Notice – Validity – Special audit report was a fresh tangible material – Formed reasonable belief for escaped assessment-Reassessment notice is valid. [ S.37(1) 80G , 147 ]

Multi Commodity Exchange of India Ltd. v. Dy. CIT (2018) 91 taxmann.com 265/(2020)423 ITR 445 (Bom)(HC) Editorial: SLP of Assessee is dismissed (SLP No.20523 of 2018) (2019) 410 ITR 162(St.)(SC)/(2019) 260 Taxman 243 (SC)

S.147 : Reassessment-After the expiry of four years- Reopened on the ground that in another assessee where similar claim with the same housing project – No failure on the part of the assessee to disclose truly and fully all relevant facts – reassessment held to be invalid. [80IB(10)]

PCIT v. Vaman Estate (2020) 113 taxmann.com 405 (HC) Editorial: SLP of revenue is dismissed , due to low tax effect , (SLP No.22927/2019 dt.06/09/2019)(2019)416 ITR 135(St.) (SC) (2020) 113 taxmann.com 406/ 269 Taxman 196 (SC)

S.115JB : Book profit – Provisions as it stood prior to its amendment by virtue of Finance Act, 2012, would not be applicable to a banking company governed by provisions of Banking Regulation Act, 1949- Companies which are not required to prepare its profit and loss account in accordance with part II & III of Schedule VI of the Companies Act , 1956 – Adjustment cannot be made. [S.115JB(2), Companies Act , 1956 , S 211(2), Banking Regulation Act, 1949]

PCIT v. Bank of India (Bom)(HC)(UR)

S.115JB: Book profit – Provision is not applicable when Profit & Loss is prepared in accordance with Insurance Act 1938. [S.44]

PCIT v. The New India Assurance Co. Ltd. (2020) 114 taxmann.com 222 (Bom)(HC) Editorial: SLP granted to the revenue. (CA No. 8178 of 2019 dt.18/10/2019)(2019) 418 ITR 14(St.)(SC)/ (2020) 269 Taxman 481 (SC)

S. 92C: Transfer pricing – Arm’s length price — Loan syndication fee received from associated enterprise — Tribunal remitting matter to AO – Not erroneous. [S.254(1),260A]

CIT v. RBS Financial Services (India) Pvt. Ltd. (2020) 421 ITR 1 / ( 2021 ) 277 Taxman 489(Bom)(HC )

S.92C: Transfer pricing- International Transactions – Arm’s length price – comparable – Investment advisor or sub – advisor cannot be compared with a merchant banker or investment banker.

PCIT v. Blackstone Advisors India Pvt. Ltd, (Bom)(HC)(UR) Editorial: SLP of revenue is dismissed (SLP No.24300 of 2019 dt.04/10/2019) (2019) 418 ITR 13 (St.)(SC)/ ( 2020) 269 Taxman 484 (SC)

S. 80IB(10) : Housing projects- Complied all the conditions- Failure to complete the project attributable to the assesee- Entitle to deduction .

PCIT v. Kewal Real Estate Pvt Ltd.(Bom)(HC)(UR) Editorial: SLP of revenue is dismissed (SLP No.18492 of 2019 dt.02/08/2019)(2019) 416 ITR 129 (St.)(SC)