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. 147 : Reassessment – Cash credits-Accommodation entries -Bogus companies – information from investigation wing -No nexus with reasons recorded for initiating reassessment proceedings – Reassessment was held to be bad in law . [ S.68 , 143(1) ,148 ]

Amar Jewellers Ltd. v. Dy. CIT (2018) 405 ITR 561/ 254 Taxman 384 (Guj.)(HC)

S.147: Reassessment – Cash credits –Information from investigation Wing – Loan from company working as an entry operator and earning bogus funds to provide advances to various persons- Reassessment was held to be valid [ S.143(1) ]

Jayant Security & Finance Ltd. v. ACIT (2018) 254 Taxman 81/165 DTR 60/ 304 CTR 519 (Guj.)(HC)

S.145 : Method of accounting -License fee -Merely on the basis of billing income cannot be assessed unless the income accrues to the assessee -Rule of constancy is followed .[S.5 ]

PCIT v. C.U. Inspections India (P.) Ltd. (2018) 254 Taxman 137 (Bom.)(HC)

S.142(2A): Inquiry before assessment– Special audit–Court cannot go into sufficiency of reasons assigned by assessing authority for directing Special Audit

Habitat Shelters (P.) Ltd. v. PCIT (2018) 254 Taxman 160/ 170 DTR 118 / 305 CTR 279 / (2020) 426 ITR 284 (Karn.)(HC)

S. 115JB : Book profit – lease equalization charges can be deducted while computing book profit – Provisions for non-performing assets are liable to be adjusted while computing book profit

CIT v. MGF India Ltd. (2018) 254 Taxman 362/ 171 DTR 434/ 308 CTR 186 (Delhi) (HC)/CIT v. Motor & General Finance Ltd (2018) 254 Taxman 362 / 171 DTR 434/ 308 CTR 186 (Delhi) (HC)

S. 115JB : Book profit –Provision towards electricity tariff cannot be added to book profit as it is not a contingent liability .

PCIT v. NHPC Ltd. (2018) 408 ITR 237/ 254 Taxman 438/ 167 DTR 44/ 304 CTR 612/ ( 2019) 415 ITR 321 (P&H)(HC)

S. 92C : Transfer pricing – Arms’ length price – There was no justification for enhancement of ALP by disallowing allocation of overhead office expenses.

PCIT v. International Metro Civil Contractors (2018) 408 ITR 136/254 Taxman 426/ 164 DTR 310 / 304 CTR 682 (Bom.)(HC)

S. 92B : Transfer pricing – International transaction- Interest income on loans and advances- Assessee not disputed that transaction is international transaction however disputed only on notional addition on the ground that only real income be taxed .[ S.92C ]

Tooltech Global Engineering (P.) Ltd. v. ACIT (2018) 254 Taxman 241 (Bom.)(HC)

S. 68 : Cash credits – Sub -contract- Outstanding credits payable to sub contractors where tax was deducted at source could not be added treating same as unexplained cash credit -If addition is up held it will lead to very ubnormal to a govt contractor .

PCIT v. Swastik Construction (2018) 254 Taxman 163 (Guj.)(HC)

S. 68 : Cash credits – Cash withdrawn from Bank was redeposited after seven months , addition cannot be made as cash credits .

Jaya Aggarwal v. ITO (2018) 254 Taxman 398 / 165 DTR 97/ 302 CTR 241 (Delhi)(HC)