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. 144B : Faceless Assessment-Principles of Natural justice-Ineffective hearing during video conferencing due to technical glitches-Order passed without granting requested rescheduling of video conference to explain complexity of material submitted-Assessment order and consequent notice of demand set Aside-The Department is at liberty to proceed with the assessment under the provisions of section 144B in accordance with law after issuance of show-cause notice-cum-draft assessment order and providing an opportunity of hearing to the assessee. [S. 143(3), 156, Art. 226]

Leela Trade Link Pvt. Ltd. v.NFAC [2023] 156 taxmann.com 50/(2024)460 ITR 370 (Guj)(HC)

S. 144B : Faceless Assessment-Natural justice-Limitation-Effect Of Standard Operating Procedure-Notice giving less than seven days for reply-Barred By Limitation-Order and consequential notices are set aside-Matter is remanded to the stage of notice and the petitioner is permitted to file his response. [S. 142(1), 143(3), 144,Art. 226]

Doreswamaiah Sureshbabu v. NFAC [2023] 155 taxmann.com 13 / (2024)460 ITR 429 (Karn)(HC)

S.143(3): Assessment-Natural justice-Order passed without giving adequate opportunity to be heard-Not valid-Leave is granted to file reply in response to show cause notice issued u/s 142(1) of the Act. [S. 142(1), Art. 226]

Dauphin Travel Marketing Pvt. Ltd. v. ITO (2024)460 ITR 589 (Delhi)(HC)

S. 115JB : Company-Book profit-Amounts transferred to statutory reserve fund is includible.

Shriram Transport Finance Co. Ltd. v. ITO (OSD) (2024)460 ITR 66 (Mad)(HC)

S. 92CA : Transfer pricing-Reference to Transfer Pricing Officer-Arm’s Length price-Avoidance of tax-Transactions with Associated Enterprises-Arm’s length price-Question of fact-No substantial question of law.[S.92C, 260A, R.10B(2)(a)]

PCIT v. Omniglobe Information Technologies (India) Pvt. Ltd. [2023] 156 taxmann.com 340/ (2024)460 ITR 249 (Delhi)(HC)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax- International transaction-Failure to furnish evidence-No substantial question of law.[S. 260A, R. 10B, 10C]

Akzo Nobel India Pvt. Ltd. v Add. CIT [2022] 145 taxmann.com 468 / (2024)460 ITR 477 (Delhi)(HC)

S.80IA: Industrial undertakings-Enterprises engaged in infrastructure development-Eligible profits-Captive power plant-Rate at which power supplied to own unit-Market value of supply power to State Electricity Board.

CIT v. Jindal Steel and Power Ltd. [2009] 180 Taxman 543/ (2024)460 ITR 159 (P&H)(HC)

S. 69 : Unexplained investments-Income from undisclosed sources-Huge expenses-Additions to income based on facts-No substantial question of law. [S. 260A]

A Narsinga Rao v. ACIT [2023] 155 taxmann.com 509 / (2024)460 ITR 526 (Telangana)(HC)

S. 56 : Income from other sources-Right shares-Allotted to proportionate to shareholding in company-Provision is not applicable in respect of allocation of rights shares allotted below FMV proportionate to his shareholding in company-Gifts-Additional shares received on account of renunciation of rights issue by wife and father-Relatives-Excluded from purview of operation of section 56(2)(vii)(c)-Share premium-Balance sheet-Balance sheet is not drawn up on date of allotment, for arriving at FMV of shares under section 56(2)(vii)(c)(ii), previous balance sheet which is audited and approved in AGM has to be taken into consideration, before allotment of share. [S. 56(2)(vii)(c), R.11UA(1)(c)]

PCIT v. Jigar Jashwantlal Shah (2023) 154 taxmann.com 5/ (2024)460 ITR 628 (Guj)(HC) Editorial : Jigar Jashwantlal Shah v. ACIT (2022)142 taxmann.com 200 / 226 TTJ 161 (Ahd)(Trib)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Deletion of addition on facts-No substantial question of law.[S. 37(1), 143(3), 260A]

PCIT v. Aditya Coke Pvt. Ltd. (2024)460 ITR 734 (Guj)(HC)