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. 253 : Appellate Tribunal–Appeal maintainability-Application filed under S. 7 of Insolvency and Bankruptcy Code, 2016, had been admitted and moratorium under S. 14 of 2016 code, had been declared-Appeal filed by revenue against assessee under provisions of Act, could not be allowed to be continued during course of moratorium period. [Insolvency and Bankruptcy Code, 2016, S.7, 14, 238]

Shamken Multifab Ltd. v. DCIT (2020) 2020)78 ITR 214/ 190 DTR 77/180 ITD 756 /205 TTJ 696 ( Delhi) (Trib) /Dy. CIT v. Arhum Syntex (P) Ltd (2020)78 ITR 214/ 190 DTR 77/180 ITD 756 /205 TTJ 696 ( Delhi) (Trib) Dy.CIT v. Shamken Cotsyn Ltd (2020)78 ITR 214/ 190 DTR 77/180 ITD 756 /205 TTJ 696 ( Delhi) (Trib) Dy.CIT v. Shamken Spinner Ltd (2020)78 ITR 214/ 190 DTR 77/180 ITD 756 /205 TTJ 696 ( Delhi) (Trib)

S. 253 : Appellate Tribunal–Delay of 615 days–Health problem– Delay is condoned. [S. 253(3)]

Emsons Organics Ltd. v. DCIT (2020) 180 ITD 762/ 203 TTJ 1(UR) (Chd.)(Trib.)

S. 201 : Deduction at source-Failure to deduct or pay–Interest-Remittance of TDS was made online on prescribed date, credit to Government’s account was instant-No interest could be levied for delay in remitting TDS to credit of Government even if online portal showed a delayed date. [S. 201(IA)]

Moody’s Analytics Knowledge Services (India) (P.) Ltd. v. ITO (TDS) (2020) 180 ITD 804 / 192 DTR 100/ 206 TTJ 646(Bang.)(Trib.)

S. 145A : Method of accounting–Valuation-MODVAT credit does not have any impact on profit of assessee and thus, unutilised MODVAT credit could not be added to value of closing stock.

Mahindra & Mahindra Ltd. v. DCIT (2020) 180 ITD 776 (Mum.)(Trib.)

S. 120 : Jurisdiction of income-tax authorities-Additional Commissioner can function as an AO only when jurisdiction has been assigned to him-No directions or orders assessment order passed by Additional Commissioner was illegal and without jurisdiction. [S. 120(4)(b), 124]

Nasir Ali v. ACIT (2020) 181 ITD 30 (Delhi)(Trib.)

S. 80HHC : Export business–Sale of scrap-Income from such scrap would tantamount to recoupment of cost of raw material/production and, therefore, was includible in profits of business.

Mahindra & Mahindra Ltd. v. DCIT (2020) 180 ITD 776 (Mum.)(Trib.)

S. 69C : Unexplained expenditure-Labour expenses-ad hoc disallowance-Held to be not justified. [S. 145]

ITO v. Swati Housing & Construction (P.) Ltd. (2020) 180 ITD 854 (Delhi) (Trib.)

S. 69A : Unexplained money–Bank deposits–Evidence was not considered–Matter remanded. [S. 45]

Raghubir Singh v. ITO (2020) 180 ITD 719 (Chd.)(Trib.)

S. 68 : Cash credits–Gifts from father–Source explained–Addition is deleted.

Kuldeep Singh v. ITO (2020) 180 ITD 749/ 185 DTR 10/ 203 TTJ 242 (Chd.)(Trib.)

S. 68 : Cash credits–Sundry creditors-From earlier years-No addition can be made.

ITO v. Swati Housing & Construction (P.) Ltd. (2020) 180 ITD 854 (Delhi)(Trib.)