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 –Change of opinion- Deduction was allowed in the original assessment, on the same facts to hold that the excess deduction was allowed will be change of opinion therefore ,reassessment was held to be bad in law . [S.10A,148 ]

ITO v. TechSpan India Private Ltd( 2018)404 ITR 10/ 165 DTR 130/ 302 CTR 74/ 255 Taxman 152 .(SC) , www.itatonline.orgEditorial: Techspan India (P) Ltd v. ITO ( 2006)283 ITR 212/ 203 CTR 550(2007) 158 Taxman 182 ( Delhi) (HC)

S. 145:Method of accounting – Developer –Percentage completion method – Accounting Standards AS-1, AS-7 & AS-9, the Guidance Note on Accounting for Real Estate Transactions issued by the ICAI- Percentage of revenue recognised by the CIT(A) was held to be justified. [ S. 145(2) ]

Vastukar Township Pvt. Ltd. v. DCIT ( Jaipur)(Trib), www.itatonline.org

S. 145 : Method of accounting –Where then books of account is rejected and income is estimated , separate addition u/s 40A(3), 68 or peak credit cannot be made .[ S. 68. 145(3) ]

Deepak Mittal v. ACIT ( Delhi)(Trib) , www.itatonline.org

S. 145: Method of accounting -Valuation of stock — Opening and closing stock to be valued on same basis [ S. 143(3) ]

PCIT v. Basti Sugar Mills Co. Ltd. (2018) 400 ITR 436 (Delhi) (HC)

S.145: Method of accounting – Accrual — Mercantile system of accounting -Interest on fixed deposits-Interest accrued is taxable income and liable to tax as soon as it accrues .[ S.4 ,5 ]

CIT v. Plantation Corporation of Kerala Ltd. (2018) 400 ITR 577/161 DTR 435 /300 CTR 260 (Ker) (HC)

S. 144 : Best judgment assessment –Road contractor-Order passed by the CIT(A) was incomplete matter was remanded to CIT(A) for reappraisal of material on record. [ S. 145 , 145(3) ]

CIT v. Mehta Construction Co. (2018) 402 ITR 281 (Delhi) (HC)

S. 143(3): Assessment – Transfer pricing —Amalgamation —On the date of passing of draft assessment order , assessee company was merged with another company hence the order was held to be not sustainable [ S. 92D ]

JCB India Limited. v. DCIT (2018) 61 ITR 148 (Delhi) (Trib)

S.143(3): Assessment- Undisclosed income –If admission is made in the course of search on the basis of material found in the course of search ,the retraction of such admission of undisclosed income is not permissible especially when the retraction is by the mother and not by the assesse [ S. 69A,132(4) ]

Priyanka Chopra ( Ms) v. DCIT ( 2018)169 ITD 144/ 163 DTR 103 / 192 TTJ 324 (Mum)(Trib) Priyanka Chopra ( Ms) v. DCIT( 2018) 163 DTR 112 / 192 TTJ 334(Mum)(Trib) Priyanka Chopra ( Ms) v. DCIT( 2018) 192 TTJ 343 ( Mum) (Trib)

S. 143(3): Assessment- Survey- An admission of estimated income made during survey has no evidentiary value and is not binding on the assessee. The income has to be assessed as per the return of income and books of account. [ S. 133A ]

Amod Shivlal Shah v. ACIT (Mum)(Trib) , www.itatonline.org

S.143(3): Assessment -Assessment order passed without considering relevant materials and objections raised by assessee was held to be arbitrary and violative of principles of natural justice was quashed .[ Art 226 ]

Dhananjay Kumar Singh v. ACIT (2018) 402 ITR 91/167 DTR 261 / 303 CTR 413// 99 taxmann.com 203/ 259 Taxman 373 (Pat) (HC) Editorial: SLP of revenue is dismissed , ACIT v. Balmiki Prasad Singh ( 2018) 259 Taxman 372 (SC)