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. 132(4) : Search and seizure-Statement on oath–Evidentiary value–Retraction-Statement cannot be discarded merely on ground that it was retracted. [S. 131, 132, 133A]

Bannalal Jat Constructions Pvt. Ltd. v. ACIT (2019) 418 ITR 291 (Raj.)(HC)

S. 127 : Power to transfer cases–Transfer for purposes of co-ordinated investigation-Mode of investigation need not be disclosed-Notice to transfer implies that both the Commissioners are in agreement–Manner of agreement need not be recorded-Transfer is held to be valid–Writ is held to be not maintainable. [S. 127(2)(A), Art. 226]

MRL Posnet P. Ltd. v. PCIT (2019) 418 ITR 349/(2020) 268 Taxman 343/ 189 DTR 361/ 314 CTR 756 (Mad.)(HC)

S. 115JA : Book profit–Deduction u/s. 80HHC is to be allowed on the basis of book profits and not on the basis of eligible profits under S. 80HHC. [S. 80HHC]

CIT v. Ashok Leyland Ltd. (2019) 266 Taxman 406/(2020) 190 DTR 158 (Mad.) (HC)

S. 80IB(10) : Housing projects-One of the unit constructed exceeded the upper limit-Deduction cannot be denied to entire housing projects – Exemption is not allowable only in respect of the unit exceeded the prescribed limits.

PCIT v. Shreenath Buildcon ( 2019) 110 taxmann.com 389 (Guj.) (HC) Editorial : SLP of revenue is dismissed ; PCIT v. Shreenath Buildcon. (2019) 267 taxman 115 (SC)

S. 80HHC : Export business–Supporting manufacturer-Supporting manufacturer is at par with actual direct exporter of goods when it comes to deductions that are available-Remanded the matter back to Tribunal for fresh adjudication. [S. 28(iiid)]

CIT v. Carpet India. (2019) 267 Taxman 93 / ( 2020) 424 ITR 316 (SC) Editorial : Order in CIT v Carpet India (2008) 174 Taxman 417 (P & H) (HC) is set aside.

S. 69C : Unexplained expenditure-Income from undisclosed sources-Bogus purchases–Bhanvarlal Jain group-Hawala concern-Addition cannot be made of entire purchases based on the report of Investigation wing–When sales are accepted purchases cannot be rejected-Estimate of profit of 3% of bogus purchases–Held to be justified–Appeal of revenue is dismissed-No question of law. [S. 260A]

PCIT v.Shah Virchand Govanji Jewellers Pvt. Ltd (2019] 418 ITR 472 (Guj.)(HC)

S. 69A : Income from undisclosed sources-Cold storage-No purchase and sale of products-Deletion of addition is held to be justified.– Cash in hand in books of account was found to be more than actual cash found during search- No addition can be made as cash credits [S.68, 132, 153A, U.P. Regulation of Cold Storage Act, 1976]

CIT v. Kesarawani Sheetalaya Alld.(2019) 418 ITR 369/ 267 Taxman 216/(2020) 316 CTR 211 /190 DTR 377(All.)(HC)

S. 69 : Unexplained investments-Use of five credit cards-Failure to prove credit entries–Addition is held to be valid. [S. 131, 260A]

Sunil Balasubramaniam Shankar. v. ITO (2019) 418 ITR 496 (Mad.)(HC)

S. 68 : Cash credits-Peak credit theory–Hawala transactions-Money laundering can be for oneself-Refusal to divulge details of persons from whom money was distributed–Entire amount to be added as income on basis of peak credit theory-Estimation of commission again at 2% as alleged commission shall be only on the amounts deposited, other than the incremental peak credit adopted for each year-Appeal is dismissed. [S. 69, 69A]

K. P. Abdul Majeed. v. ACIT (2019) 267 taxman 151 (Ker.)(HC)

S. 68 : Cash credits-VDIS-Declaration of diamond jewellery-Sale of items after smelting – Weight of gold not disputed-Addition as cash credit is held to be not justified – Assessable as capital gains. [S. 45, VDIS 1997, S. 65]

Bhurat Sunilkumar (HUF) v. ITO (2019) 267 taxman 139/ 311 CTR 615/ 183 DTR 82 (Karn.)(HC)