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. 148 : Reassessment – Notice in the name of deceased assessee- For acquiring jurisdiction to reopen an assessment, notice should be issued in name of living person, i.e., legal heir of deceased assessee-S292B could not be invoked to correct a fundamental/substantial error- Notice is held to be bad in law .[ S.147, 292B, 292BB ]

Sumit Balkrishna Gupta. v. ACIT (2019) 414 ITR 292 / 262 Taxman 61/ 178 DTR 286 / 309 CTR 182 (Bom.)(HC)

S. 148 : Reassessment-Recorded reasons not communicated – Produced before the Tribunal- Reassessment is bad in law. [S. 147]

PCIT v. Ramaiah (2019) 103 taxmann.com 201 / 262 Taxman17 ( Karn) (HC) Editorial : SLP of revenue is dismissed. PCIT v. Ramaiah (2019) 262 Taxman 16 (SC)

S. 80HHD : Convertible foreign exchange –Hotel- Tour operator- Double deduction under Chapter VIA- Entitlement of deduction under diverse provisions in respect of same income- Matter referred to larger Bench. [S. 80IA]

PCIT v. E.I.H. Ltd. (2019) 262 Taxman 6 (SC) Editorial : Refer PCIT v. E.I.H. Ltd. (2019) 103 taxmann.com 203 ( Cal) (HC) / 262 Taxman 7 ( Cal) (HC)

S. 80HHC : Export business–Interest- Business income -Interest charged on delayed payment of sale consideration is assessable as business income.[S. 28(i)]

PCIT v. Atul Ltd. (2019)103 taxmann.com 249 / 262 Taxman 11 (Guj) (HC) Editorial: SLP of revenue is dismissed, PCIT v. Atul Ltd. (2019) 262 Taxman 10 (SC)

S. 28(i) : Business income- Interest income – Interest on amount advanced to contractor assessable as business income and not as income from other sources. [S. 56]

PCIT v. Nabinagar Power Generating Co. (P.) Ltd. (2019) 103 taxmann.com 225 / 262 Taxman 9 (Delhi) (HC) Editorial : SLP of revenue is dismissed, PCIT v. Nabinagar Power Generating Co. (P.) Ltd. (2019) 262 Taxman 8 (SC)

S. 14A : Disallowance of expenditure – Exempt income -Explanation offered cannot be rejected arbitrarily by the AO. [R.8D]

PCIT v. Hero Corporate Service Ltd. (2019) 103 taxmann.com. 199 / 262 Taxman 30 (Delhi ) (HC) Editorial : SLP of revenue is dismissed, PCIT v. Hero Corporate Service Ltd. (2019) 262 Taxman 29 (SC)

Benami Transactions (Prohibition of Right to Recover Property ) Ordinance , 1988.
S.2 : Benami transactions – Right to recover the property – Financial assistance was given is not a determinative factor –Burden of proving the Benami Transaction lie on the person who alleges – Failure of plaintiff to establish intention of father to purchase properties for and behalf of family – Transaction cannot be said to be benami in nature – Appeal of petitioner is dismissed.

P. Leelavathi v. V. Shankarnarayana Rao ( 2019) 263 Taxman 105/AIR 2019 SC 1938 (SC), www.itatonline.org

S. 50C : Capital gains-Full value of consideration- Stamp valuation –Entire consideration was invested in bonds -The assessee cannot avoid the impact of S. 50C by claiming that his S. 54EC investment is large enough to cover the deemed consideration based on stamp duty valuation- Such interpretation renders S. 50C redundant -[ S.45,48. 54EC ]

Jagdish C. Dhabalia v. ITO ( 2019) 176 DTR 417/ 308 CTR 295/ 262 Taxman 453 (Bom)(HC), www.itatonline.org Mehul Jagdish Dhabala v. ITO( 2019) 176 DTR 417/ 308 CTR 295 ( Bom) (HC) . www.itatonline.org

S. 275 : Penalty-Bar of limitation–Limitation provision is applicable to original assessment proceedings and not set aside proceedings – Not barred by limitation. [S. 271(1)(c), 275(1)(a)]

Meena Bajaj (Smt.) v. ITO (2018) 167 DTR 89 / 192 TTJ 952/ 63 ITR 35(SN) (Jaipur)(Trib.)

S. 271(1)(c) : Penalty-concealment–Surrender of amount–cash credits–Survey-Surrender was held to be not voluntary-Levy of penalty is held to be justified. [S. 131, 133A]

Meena Bajaj (Smt.) v. ITO (2018) 167 DTR 89 / 192 TTJ 952 / 63 ITR 35 (SN) (Jaipur)(Trib.)