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. 153C : Assessment-Income of any other person-Search– Audited balance sheet-Initiation of proceedings-Held to be not valid.

Anush Finlease and Construction Pvt. Ltd. (2019) 70 ITR 336 (Delhi)(Trib.)

S. 153C : Assessment-Income of any other person–Search-Profit and loss account and balance sheet-Not Incriminating documents –Addition is held to be not valid. [S.132]

Wisdom Realtors P. Ltd. (2019) 70 ITR 181 (Delhi)(Trib.)

S. 153C : Assessment-Income of any other person–Search- Recording of satisfaction is mandatory even if the Assessing Officer of the person in respect of whom the search was conducted and the other person was one and the same-Additions were deleted. [S. 132]

Satkar Fincap Ltd. ACIT (2019) 70 ITR 294 (Delhi)(Trib.)

S. 153A : Assessment–Search-Assessment completed on date of search–Additional ground raised before Tribunal -No incriminating material found-No jurisdiction to frame the assessment. [S. 69C, 254(1)]

Flex Engineering Ltd v. DCIT (2019) 70 ITR 417 (Delhi) (Trib.)

S. 147 : Reassessment–With in four years-Non application of mind- Recording of incorrect figures-Merely repeating investigation report–Reassessment is held to be invalid. [S. 148]

KEY Components P. Ltd. v. ITO (2019) 70 ITR 211 (Delhi)(Trib.)

S. 147 : Reassessment–With in four years-Provision for doubtful debt–Unabsorbed depreciation- Reassessment is held to be valid [S. 32(2), 148 ]

Health and Glow Retailing P. Ltd. v. ACIT (2019) 70 ITR 163 (Chennai) (Trib.)

S. 147 : Reassessment–Capital asset -Agricultural land-Location of land from local limits of Chennai Municipal Corporation was relevant to decide as to whether said land was an agricultural land within meaning of S. 2(14)(iii) and distance of land from Chennai Metropolitan area was not relevant- Reassessment is held to be bad in law.[S. 2(14)(iii), 148]

Naiyer Sultan v. ITO (2019) 177 ITD 201 (Kol) (Trib.)

S. 145 : Method of accounting–Valuation of closing stock at nil- Consistent method of accounting–Deletion of addition by CIT(A) is held to be justified.

ITO v. Wasan Exports (P.) Ltd. (2019) 177 ITD 115 (Delhi) (Trib.)

S. 115JB : Book profit–Housing project-Development of housing project units which were neither units in SEZ nor developer of SEZ- Not entitle to exempt from MAT.[S. 80IB(10)]

Gee City Builders (P.) Ltd. v. DCIT (2019) 177 ITD 70 (Chd.) (Trib.)

S. 115JA : Book profit–Foreign Banking company-Maintaining its accounts under Banking Regulation Act, 1949-Provision is not applicable -DTAA- India -UK. [Art. 7, Banking Regulation Act, 1949, Companies Act, 1956]

Standard Chartered Bank. v. JCIT (2019) 177 ITD 139/ 200 TTJ 774/ 178 DTR 201 (Mum.) (Trib.)