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. 245D : Settlement Commission–Application-Settlement Commission can declare an application for settlement invalid, but such order has to be passed within prescribed time and under no circumstances, Settlement Commission can give retrospective effect to order invalidating settlement application of assesse..Settlement Commission has no jurisdiction to pre date its order. [S. 245C, 245D(2C), 245D(4)]

PCIT v. I TSC (2019) 418 ITR 339 / 263 Taxman 73/ 176 DTR 264/ 310 CTR 37 (Bom.)(HC)

S. 234D : Interest on excess refund–Regular assessment was made after amendment of provision with effect from 1-06-2003– Excess refund granted u/s. 143(1)-Applicable even though assessment period may be prior to said date of amendment.[S. 143(1)]

CIT v. TVS Electronics Ltd. (2019) 419 ITR 187263 Taxman 164 (Mad.)(HC)

S. 194J : Deduction at source – Fees for professional or technical services – Payment to doctors –No employer and employee relation ship-Not liable to deduct tax at source as salary [ S.192 ]

CIT v. Saifee Hospital Trust. (2019) 262 Taxman 461 (Bom.)(HC)

S. 194C : Deduction at source–Contractors-Catering services– Rightly deducted the tax at source u/s. 194C and provision of S.194J is not applicable.[S. 194J]
Dismissing the appeal of the revenue the Court held that payment to contractor the tax was rightly deducted as contractor and service of cooking did not include any technical service.
CIT v. Saifee Hospital Trust. (2019) 262 Taxman 461 (Bom)(HC)
S. 194J : Deduction at source – Fees for professional or technical services – Payment to doctors –No employer and employee relation ship-Not liable to deduct tax at source as salary [ S.192 ]

CIT v. Asian Heart Institute and Research Centre (P.) Ltd. (2019) 262 Taxman 471 (Bom.) (HC)

S. 147 : Reassessment–Shares held as investment- Capital asset –Capital gains-Not considered the objections raised by the Assessee- Proceedings stayed–Matter remanded to the AO to pass speaking order. [S. 10(38), 45, 143(1), 148, Art.226.]

Swastik Safe Deposit and Investments Ltd. (2019)263 Taxman 303/ 176 DTR 423 (Bom.)(HC) Editorial : SLP of revenue is dismissed ACIT v. Swastik Safe Deposit and Investments Ltd. ( 2020) 270 Taxman 8 ( SC)

S. 145 : Method of accounting–Rejection of books of account– Suppression of production- Mismatch of consumption of raw material and output of drugs manufactured- Addition is held to be justified.

Paras Organics (P.) Ltd. v. ACIT (2019) 263 Taxman 44 (Bom.)(HC)

S. 92C : Transfer pricing–Arm’s length price-Mutually agreed procedure (MAP) adopted by Governments of India and USA in relation to US based transactions for determination of ALP could also be adopted for determining ALP of on –US based transactions.

PCIT v. J.P. Morgan Services India (P) Ltd. (2019) 263 Taxman 141/ 182 DTR 373 / 311 CTR 15( Bom) (HC) .

S. 80IB(10) : Housing projects-Land was in the original owner- Undertaken development of housing project at their own risk and cost-Entitle to deduction.[S. 2(47)]

PCIT v. Green Associates (2019) 105 taxmann.com 79 / 263 Taxman 239 (Guj.)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Green Associates (2019) 263 Taxman 238 (SC)

S. 80IA : Industrial undertakings -Conversion of paddy into rice is a manufacturing activity-Entitle to deduction. [S. 80IB].

CIT v. Muthuramalingam Modern Rice Mill (2019) 263 Taxman 294 / 307 CTR 816/ 176 DTR 177(Mad.) (HC)

S. 80IA : Industrial undertakings–Infrastructure development- Agreement with a nodal agency established by State Government Deduction cannot be denied. [S. 80IA(4)]

CIT v. Ranjit Projects (P.) Ltd. (2019) 104 taxmann.com 391 / 263 Taxman 4 ( Guj.)(HC) Editorial: SLP of revenue is rejected ,CIT v. Ranjit Projects (P.) Ltd. (2019) 263 Taxman 3 (SC)