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. 4 : Charge of income-tax–Capital or revenue–Sale of shares upon open offer–Additional consideration paid in terms of open offer due to delay in making offer and dispatch of letter offer- Capital receipt.

CIT v. Morgan Stanley Mauritius Co. Ltd. (2019) 413 ITR 332 / 308 CTR 139 / 176 DTR 413(Bom.)(HC)

S. 251 : Appeal-Commissioner (Appeals)–Powers-Deduction at source- TDS return- There is no power conferred on authority to declare a TDS return as non-est exposing assessee to consequences thereof. [S. 200(3), 234E]

Manoj Kumar Jaiswal v. ACIT (2019) 176 ITD 301/ 200 TTJ 497 / 180 DTR 57(Bang.) (Trib.)/Lalit Kumar Dosi v. ACIT ( 2019)176 ITD 301/ 200 TTJ 497/180 DTR 57 ( Bang) (Trib)/ Pachisia Plastics ( P) Ltd v. ACIT ( 2019) 176 ITD 301/ 200 TTJ 497 /180 DTR 97( Bang) (Trib)

S. 234E : Fee-Default in furnishing the statements-Deduction at source-Fee cannot be levied in statement processed under S.200A up to 31-05-2015. [S. 200A]

Madhya Pradesh Power Transmission Ltd. v. CIT (2019) 69 ITR 322 (Indore)(Trib.)

S. 206C : Collection at source–Scrap-Ship breaking–Declaration from buyer that he is purchasing goods for reuse in manufacturing process or producing article or things-Tax not required to be collected. [S. 206C(7), 206(IA)]

CIT (OSD) v. Bansal Ship Breakers (P.) Ltd. (2019) 176 ITD 319 (Ahd.)(Trib.)

S. 153 : Assessment–Reassessment–Limitation-Commissioner (Appeals) set aside order of Assessing Officer dt. 29-3-2000 vide his order dt. 27-11-2000 -Set aside assessment was completed on 31-3-2003- Set aside assessment was to be completed before 31-3-2002 – Asessment was completed on 31-3-2003- Barred by limitation -Order passed by Commissioner (Appeals) after 1-4-2000-, new assessment is to be completed within one year from end of financial year in which order was passed by Commissioner (Appeals). [S. 153(2A)]

Awanindra Singh. v. DCIT (2019) 176 ITD 355/ 180 DTR 17 / 200 TTJ 427(Delhi) (Trib.)/Computerland Integrators (India) Ltd v Dy CIT ( 2019) 200 TTJ 427 /180 DTR 17 ( Delhi) (Trib)

S. 148 : Reassessment–Notice-Dead person-Notice issued on dead person is invalid. [S. 147, 159(2b), 292B, 292BB.]

Aemala Venkateswara Rao v. ITO (2019) 176 ITD 431 (Vishakha)(Trib.)

S. 147 : Reassessment-Share capital-Assessing Officer never formed an opinion that there was escapement of income-Reassessment is held to be not valid. [S. 68, 148].

Awanindra Singh. v. DCIT (2019) 176 ITD 355/ 180 DTR 17 / 200 TTJ 427 (Delhi)(Trib.)/Computerland Integrators (India) Ltd v Dy CIT ( 2019) 200 TTJ 427 /180 DTR 17 ( Delhi) (Trib)

S. 115JB : Book profit–Amalgamation-Revaluation on basis of fair market value (FMV)-Revaluation was mandated by order of High Court approving amalgamation scheme-Difference arising between book value of shares shown in books of amalgamating company and FMV of shares which formed capital reserve of assessee, could not be added while computing book profit. [S. 145]

Priapus Developers (P.) Ltd. v. ACIT (2019) 176 ITD 223 / 71 ITR 113 / 182 DTR 226 (Delhi) (Trib.)

S. 115JB : Book profit – Share of profit from AOP- Insertion of clause (iic) in Explanation 1 to section 115JB by Finance Act, 2005, w.e.f. 1-4-2016, is retrospective in nature- Share income would not be included while computing total income for purpose of book profit [ S. 67A, 86]

ACIT v. Om Metal Infraproject Ltd. (2019) 176 ITD 202 (Jaipur)(Trib.)

S. 115BBE : Tax on income referred in S 68, 69, 69B, 69C, S69D-Set off of loss-Survey-Surrender of income-Set off of losses was to be allowed-The amendment made to section 115BBE denying the benefit of set off of losses with effect from 1-4-2017 was retrospective in nature. [S. 68 to 69C, 71, 115BBE, 133A]

Famina Knit Fabs v. ACIT (2019) 176 ITD 246/ 177 DTR 140/ 199 TTJ 258 (Chd.)(Trib.)