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. 145 : Method of accounting-Bank-Guidelines of Reserve Bank of India-Unreconciled outstanding amounts in inter branch accounts transferred to reserves through profit and loss account-Amount not assessable as Income [ S.28(i), Banking Regulation Act, 1949]

State Bank of Bikaner and Jaipur v. DCIT (2019) 415 ITR 193 (Raj.)(HC) Editorial : SLP is granted to the revenue CIT v. State Bank of Bikaner and Jaipur ( 2019) 413 ITR 319 (St) (SC)

S. 143(3) : Assessment-Income from undisclosed sources-Cash deposits not explained–Addition is held to be justified. [S. 69]

Parveen Kumar v. CIT (2019) 415 ITR 241 (P&H) (HC)

S. 143(3) : Assessment-Income from undisclosed sources- Purchase of property-Source of funds was not explained satisfactorily-Reduction of addition by Tribunal is held to be not justified.[S. 254(1)]

CIT v. N. Sheikh Ahmed Haji and Ors. (2019) 415 ITR 32 (Ker.) (HC)

S. 143(3) : Assessment–Income from undisclosed sources–real estate business-Purchase of land–Alleged cash receipts-Price of the land was paid with other entries in the bank and there was nothing to show that a cash was received in excess of the agreement–Deletion of addition is held to be justified.[S. 69]

CIT v. Prestige City Developers P. Ltd. (2019) 415 ITR 149 (Raj.)(HC) Editorial : SLP of the revenue is dismissed CIT v. Prestige City Developers P. Ltd. (2018) 406 ITR 36 (St)

S. 115JB : Book profit-Capital gains-Adjusted book profits eligible for benefit under S.54EC. [S. 45 54EC, 115JA(4), 115JA(5)]

CIT v. Metal and Chromium Plater (P) Ltd. (2019) 415 ITR 123 (Mad.)(HC)

S. 92C : Transfer pricing–Arm’s length price–Comparable-Unless ex facie perversity in the findings of the Tribunal is established-Appeal is not maintainable.[S. 260A]

PCIT v. Broadcom India Pvt. Ltd. (2019) 415 ITR 380 (Karn.)(HC)

S. 92C : Transfer pricing–Arm’s length price–Comparable–No question of law. [S. 260A]

CIT v. Gxs India Technology Centre Pvt. Ltd. (2019) 415 ITR 354 (Karn.) (HC)

S. 80IA : Industrial undertakings–Infrastructure development- Maintaining and operating railway sidings under agreement with principal contractor who had entered into agreement with railways and recognised by railways as transferee- Entitle to deduction-Object and intent of legislature is considered. [S. 80IA(4)]

CIT v. Chettinad Lignite Transport Services Pvt. Ltd. (2019) 415 ITR 107 / 177 DTR 329/ 309 CTR 268/265 Taxman 466(Mad.)(HC)

S. 80HHC : Export business-Total turnover-Entire turnover of business – Donation for scientific research cannot be excluded. [S.35(1)(ii), 80GGA]

Sri Aurobindo Ashram Harpagaon Workshop Trust v. DCIT (2019) 415 ITR 247 (Mad.)( HC)

S. 69B : Amounts of investments not fully disclosed in books of account –Addition is held to be not justified solely on the basis of photocopy of agreement between two other persons which was seized during search of third party. [S. 132, 513A]

CIT v. Kulwinder Singh (2019) 415 ITR 49/ 311 CTR 233 (P&H) (HC)