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. 244A : Refund–Interest on refunds–Filing of Form 29B not essential for processing of return and granting of refund.- Interet is payable from date of filing of revised return [S. 154, Form 29B ]

HHA Tank Terminal (P) Ltd. v. ACIT (2019) 177 DTR 300/ 319 CTR 384/( 2020) 420 ITR 395/ 268 Taxman 181 (Ker.)(HC)

S. 226 : Collection and recovery–Modes of recovery–Recovery proceedings set aside as there was no valid service of assessment notice–Writ petition could not be entertained as alternate remedy was available [S. 156, Art. 226]

Camelot Enterprises (P.) Ltd. v. PCIT (2019) 178 DTR 185 / 105 taxmann.com 155/ 310 CTR 444 (Bom.)(HC)

S. 199 : Deduction at source-Credit for tax deducted–property sold –rent passed on the respective owner–on such passing TDS also deducted by assessee–Held, credit of TDS deducted by original tenant can be claimed by the assessee.

CIT v. Gopal Das Estates & Housing (P) Ltd. (2019) 308 CTR 201 (Delhi)(HC)

S. 158BD : Block assessment-Undisclosed income of any other person – Separate satisfaction of the AO not necessary when Tribunal had recorded such satisfaction in the case of the searched person.[S. 158BC]

Vijayalakshmi, V. (Smt.) v. Dy. CIT (2019) 178 DTR 289/ 107 taxmann.com 450/265 Taxman 71 (Mag.)/( 2020)421 ITR 562/ 314 CTR 705 (Mad.)(HC)

S. 158BB : Block assessment–Computation-Undisclosed income– Estimation of profits can be made on the basis of both, material recovered in the search as well as the material available with the AO-Appeal of the revenue is partly allowed.

CIT v. Orma Marble Palace (P) Ltd. (2019) 177 DTR 350 / 308 CTR 584/ 110 Taxman .com 435 (Ker.)(HC)Editorial: SLP of the assessee is dismissed Orma Marble Palace (P) Ltd v CIT ( 2019) 267 Taxman 436 (SC)

S. 153C : Assessment-Income of any other person-Search and seizure–Addition made based on document seized at the premises of third party–Held, presumption u/s. 292C would apply in case of person from whose premise the document was seized–Held, addition burden on the AO in such case–Held, no proper enquiry by the AO – Held addition deleted. [S. 69, 292C]

CIT v. Cordial Company (2019) 308 CTR 159/176 DTR 185 (Ker.)(HC)

S. 148 : Reassessment-The officer recording the reasons and the officer issuing notice has to be the same person-Any inherent defect therein cannot be cured -The fact that the assessee participated in the proceedings is irrelevant. [S. 147, 148(2), 292B]

Pankajbhai Jaysukhlal Shah v. ACIT ( 2019 ) 110 taxmann.com 51 / (2020) 425 ITR 70/ 312 CTR 300/ 185 DTR 306(Guj)(HC), www.itatonline.orgEdiitorial : SLP of revenue is dismissed ,ACIT v. Pankajbhai Jaysukhlal Shah ( 2020 ) 275 Taxman 99 ( SC)

S. 147 : Reassessment–Failure to follow the procedure laid down in GKN Driveshafts (India) Ltd v. ITO (2003) 259 ITR 19 (SC) and to pass a separate order to deal with the objections- Renders the assumption of jurisdiction by the Assessing Officer ultra vires. [S. 148]

Fomento Resorts & Hotels Ltd. v. ACIT (Bom.)(HC)(Goa Bnech), www.itatonline.org

S. 147 : Reassessment-After the expiry of four years–Survey— Materials clearly showed that the sales declared were to be suspected—Re-opening was sustainable. [S. 133A, 148]

Sanjivani Non-Ferrous Trading (P) Ltd .v. ITO (2019) 308 CTR 532 / 177 DTR 276 (Delhi)(HC)

S. 145 : Method of accounting–Cash method -Reimbursement not received from state government cannot be taxed on accrual basis. [S. 145]

CIT v. The Tamil Nadu State Transport Corporation (Madurai) Ltd (2019) 179 DTR 161 / 104 CCH 608 (Mad.)(HC)