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. 139D : Return in electronic form – Form V furnished through post within stipulated extended period — Originally filed return was held to be valid [ S. 139C, 295B ]

PCIT v. National Informatics Centre Services Inc. (2018) 400 ITR 387/ 162 DTR 97/ 300 CTR 495 (Delhi) (HC)

S. 139AA : Permanent account number – Date for linking of Aadhaar with all schemes of ministries/Departments of Union Government linking of bank accounts for existing bank accounts and for completion of Aadhaar based E-KYC process in respect of mobile phone subscribers is to be extended until 31-3-2018

K. S. Puttaswamy v. UOI (2018) 252 Taxman 357 (SC)

S. 139 : Return of income – Set off of carry forward loss – Audit report –Matter was remanded for fresh disposal .

Scorpion Industrial Polymers (P.) Ltd. v. CIT (2018) 252 Taxman 413/ 163 DTR 333 / 301 CTR 481 (Mad.)(HC)

S. 139 : Return of income – When the assessee took advantage of provisions of S.139(5),he could not say that it was non-est [ S.10B, 139(5)]

Amit Basu v. Dy. CIT (2018) 252 Taxman 314/167 DTR 110 / (2019) 307 CTR 303 (Raj.)(HC)

S. 133 : Power to call for information – Legal representatives cannot refuse to furnish details of bank accounts of deceased. [ S.133(6).]

S. Savithri (Mrs.) v. ITO ( 2018) 400 ITR 513/ 253 Taxman 186 / 164 DTR 102 / 301 CTR 734 (Karn) (HC)

S. 132 : Search and seizure – Validity of the Search- Pending before Supreme Court – All Authorities of department as also Courts should await decision of Supreme Court on the issue of validity of Search and could not direct Appellate Authorities of department to go into question of validity of search [S. 153A.]

Prathibha Jewellery House v. CIT (A) (2018)404 ITR 91/ 252 Taxman 174/ 301 CTR 347 / 162 DTR 174(Karn.)(HC)

S. 131: Power – Discovery – Production of evidence –As the assessee was carrying on business in same premises proceedings initiated u/s 131 of the Act was held to be valid [ The Diplomatic Relations (Vienna Convention) Act, 1972 ]

Sai Ramakrishna Karuturi v. UOI(2018) 402 ITR 7 / 252 Taxman 194/163 DTR 420 (Karn.)(HC)

S. 127 : Power to transfer cases – Transfer for centralization of cases with in city is valid, it is nether necessary to record the reasons nor opportunity of hearing is to be given

Advantage Strategic Consulting Private Ltd. v. PCIT (2018) 400 ITR 405/ 253 Taxman 11/ 161 DTR 108 / 300 CTR 151 (Mad) (HC)

S. 127 : Power to transfer cases – Transfer from Ahmedabad to Moradabad -Transfer for effective and co-ordinated investigation and centralisation of cases — Order of Transfer is held to be valid.

Genus Electrotech Ltd. v. UOI ( 2018) 402 ITR 221 (Guj) (HC)

S. 127 : Power to transfer cases -The existence of agreement between two jurisdictional Commissioners is a condition precedent for passing the order of transfer. The agreement cannot be implied because S. 127(2) (2) (a) contemplates a positive state of mind of the two jurisdictional CITs. Absence of disagreement cannot tantamount to agreement.

Rentworks India Private Ltd v. PCIT( 2018) 161 DTR 371/ 300 CTR 294 ( Bom)(HC)