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 – Capital gains – Opening WDV of land was shown by assessee at lesser amount in its statement of fixed accounts but, while filling return of income, assessee had shown cost of land at much higher amount, reassessment was held to be justified.[ S.45 , 148 ]

J. B. Amin & Brothers (HUF) v. UOI (2018) 253 Taxman 229/ 172 DTR 62 (Bom.)(HC)

S. 147:Reassessment- Two notices- Reassessment was initiated vide two notices and the second notice was beyond prescribed period. No where it was stated that second notice was in continuation of first one hence reassessment was invalid.[ S.143(1),148 ]

Mastech Technologies Pvt. Ltd. ( 2018) 407 ITR 242/161 DTR 189 (Delhi) HC),Editorial: Order of High court , reversed, Dy.CIT v. Mastech Technologies Pvt. Ltd. (2022)449 ITR 239 (SC)

S. 147: Reassessment –Change of opinion-Since there was no material on record to indicate that there was a failure on part of the assessee to disclose fully and truly relevant material during original assessment proceedings, initiation of reassessment proceedings was without jurisdiction. [ S.80IA(4), 148 ]

Kotarki Constructions (P) Ltd. v. ACIT (2018)162 DTR 49 /( 2019) 306 CTR 223(Karn) (HC) .Editoria: Division bench affirmed ,Kotarki Constructions Pvt. Ltd; ACIT v. (2021)435 ITR 78/ 202 DTR 241/ 322 CTR 843 /281 Taxman 187 (Karn) (HC)

S. 145: Method of accounting – Mere non-maintainence of stock register could not form the basis of rejection of books of accounts

Maruti Udyog Ltd v. CIT (2018) 406 ITR 562/253 Taxman 60/ 161 DTR 1 (Delhi) (HC )

S. 112 : Tax on long term capital gains -Foreign company on long-term capital gains arising on sale of equity shares of an Indian company being listed in securities, will be 10 per cent (plus surcharge and cess) of amount of capital gains as per proviso to S. 112(1)-DTAA- India -Japan [ S.45, Art. 4,13 ]

Honda Motors Co. Ltd., In re (2018)401 ITR 382/ 253 Taxman 402/ 301 CTR 159/ 163 DTR 113 (AAR)

S. 80IB: Industrial undertakings – Interest Subsidy – Revenue subsidies received by the assessee towards reimbursement of cost could be said to have direct nexus with profits and gains of industrial undertaking and eligible for deduction.

Kashmir Tubes v. ITO (2017) 85 taxmann.com 299 (2018) 300 CTR 541 (J&K) (HC)

S. 80IB: Industrial undertakings – Manufacture –Process of galvanization amounted to ‘manufacture’ since the resultant product is a different commercial commodity having distinct use and is sold at a higher price.

Kashmir Tubes v. ITO (2017) 85 taxmann.com 299(2018) 300 CTR 541 (J&K) (HC)

S.48:Capital gains – Computation – Expenses incurred towards fees for computerization of share certificates in order to transfer them to escrow account is allowable as deduction .[ S.45, 112 ]

Honda Motors Co. Ltd., In re (2018) 401 ITR 382/253 Taxman 402/ 301 CTR 159/ 163 DTR 113 (AAR)

S. 43B : Deductions on actual payment -Unutilised MODVAT credit representing excise duty paid of raw material/input at the end of year cannot be allowable as deduction

Maruti Udyog Ltd v. CIT (2018) 406 ITR 562/253 taxman 60/161 DTR 1 ( Delhi) (HC) Editorial: Affirmed in Maruti Suzuki India Ltd v CIT ( 2020) 114 taxmann.com 129 (SC) www.itatonline.org

S. 43B: Deductions on actual payment – Employees provident fund -No disaalowance can be made , if deposted prior to due date of filing of return [ S.139(1)]

Kashmir Tubes v. ITO (2017) 85 taxmann.com 299(2018) 300 CTR 541 (J&K) (HC)