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. 201 : Deduction at source-Failure to deduct or pay–Bona fide estimate–Cannot be held to be assessee–in default-Payments made employees towards death cum retirement gratuity, pension or leave salary would not be liable for TDS to extent permitted under provisions. [S. 10(10), 10(10AA)]
ITO (TDS) v. Mahatma Gandhi University. (2019) 177 ITD 508/ 73 ITR 44 /202 TTJ 626 ( 2020) 188 DTR 293 (Cochin)(Trib.)
S. 147 : Reassessment-Information from the Dy. DIT(Inv)-Live link between the tangible material and formation of belief and reasons recorded-Mismatch of exempt long term capital gains- Reassessment is held to be valid.[S. 10(38), 45, 148]
Radhika Roy v. DCIT (2019) 200 TTJ 665 / 73 ITR 239/ 180 DTR 329 (Delhi)(Trib.), www.itatonline.org Dr. Prannoy Roy v. DCIT (2019) 200 TTJ 665/73 ITR 239 (Delhi) (Trib.), www.itatonline.org
S. 145 : Method of accounting–Maintenance charges–Addition on notional basis is held to be not justified. [26AS]
ACIT v. Seema Sobti (2019) 177 ITD 370 / 181 DTR 132 (Delhi) (Trib.)
S. 144 : Best judgment assessment–Failure to comply with notices –Denying allowances of interest and salary paid to partners is held to be justified. [S. 148, 184]
Eastern Engineering Venture v. ITO (2019) 177 ITD 427/ 177 DTR 209 / 199 TTJ 737 (Cuttack)(Trib.)
S. 115JA : Book profit -Capital gains- Exempt u/s 54EC is not to be included for the purpose of computation of book profit. [S. 45, 54EC]
Fibroflex (India) P. Ltd v. Dy.CIT ( 2019) 74 ITR 105 (Chennai) (Trib.)
S. 92C : Transfer pricing–Arm’s length price-Loan to AEs without charging interest–Interest rate could not exceed LIBOR plus 200 basis points–Remanded to TPO for examination.
Tata Motors Ltd. v. CIT (2019) 177 ITD 327 (Mum.)(Trib.)
S. 92 : Transfer pricing-Arm’s length price–Tonnage tax-Provisions of Chapter X (Transfer pricing) would have no application in computing income of assessee chargeable to tax as per Chapter XII-G (Tonnage tax scheme) [S. 115JB, 115VA]
Van Oord India (P.) Ltd. v. ACIT (2019) 177 ITD 687/ 183 DTR 151/ 292 TTJ 248 (Mum.)(Trib.)
S. 72A : Carry forward and set off of accumulated loss and unabsorbed depreciation–Amalgamation–Period of four years from date of amalgamation for achieving fifty-per cent level of production is to be seen at end of four year. [S.72A(3), R.9C]
Embio Ltd. v. ACIT (2019) 177 ITD 414 (Mum.)(Trib.)
S. 72 : Carry forward and set off of business losses–Effect of appellate order – loss is allowed to be carried forward and benefit of set off against business income in subsequent assessment years could be allowed to assessee even in absence of such claim in return of income. [S. 254(1)]
Maharashtra State Warehousing Corporation. V. DCIT (2019) 177 ITD 359 (Pune)(Trib.)