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. 260A : Appeal High Court-Abatement of proceedings- Death of assessee on 18-6-2016-Legal heirs not brought on record in spite of time given repeatedly to revenue-Proceedings abated.

CIT v. Jeppiar (2018) 409 ITR 511 (Mad.)(HC)

S. 147 : Reassessment-Second reassessment-New tangible material was found- Reassessment is valid-Order of single judge is affirmed. [S. 148, 149(1)(b)]

A. Sridevi (Smt.) v. ITO (2018) 409 ITR 502/ 172 DTR 433 /( 2019) 260 Taxman 181/ 306 CTR 81 (Mad.)(HC) Editorial: Affirmed the order of single judge, A. Sridevi (Smt.) v. ITO (2018) 408 ITR 83/ 171 DTR 417/ 305 CTR 670/( 2019) 260 Taxman 76 (Mad) (HC)

S. 147 : Reassessment—Within four years-Deduction allowed without discussion in original assessment — Reassessment on the ground that excess deduction was allowed is held to be valid. [S. 148]

Innovative Foods Ltd. v. UOI (2018) 409 ITR 415 (Ker.)(HC)

S. 147 : Reassessment-Beyond four years-Explanation 3, to S.147 by Finance (No. 2) Act, 2009-After issuing a notice under S. 148, he accepts the contention of the assessee and holds that the income which he has initially formed a reason to believe had escaped assessment, has as a matter of fact not escaped assessment, it is not open to him independently to assess some other income-If he intends to do so, a fresh notice under S.148 would be necessary- Assessing Officer has no power to reassess other income not mentioned in notice under S 148. [S. 148]

Tractors and Farm Equipment Ltd. v. ACIT (2018) 409 ITR 369 /( 2019) 175 DTR 312/ (2020) 314 CTR 490(Mad.) (HC)

S. 80HHC : Export business-Income derived-Profits due to exchange fluctuation and provision written back–Entitle to deduction.

CIT v. TTK LIG Ltd. (2018) 409 ITR 390 (Mad.)(HC)

S. 35AD : Deduction in respect of expenditure on specified business-Hotel business- Certification of Hotel as three-Star Category Hotel in subsequent year-Deduction cannot be denied on the ground that Certification was in later year. [S. 35D(5)(aa)]

CIT v. Ceebros Hotels Pvt. Ltd. (2018) 409 ITR 423/( 2019) 261 Taxman 41 (Mad.)(HC)

S. 28(i) : Business loss-Fertiliser Bonds Issued By Central Government In Lieu of subsidy-Sale of Bonds at price Lower than face value-Loss is allowable as business Loss.

CIT v. Gujarat State Fertilizers And Chemicals Ltd. (2018) 409 ITR 378 (Guj.)(HC)

S. 28(i) : Business loss- Capital or revenue-Investment in shares as Stock-in-trade-Consistency method-Loss is allowable as business loss. [S. 45]

Calibre Financial Services Ltd. v. ITO (2018) 409 ITR 410/ ( 2019) 260 Taxman 201 (Mad.)(HC)

S. 14A : Disallowance of expenditure – Exempt income – Recording of satisfaction- Mixed funds – Maxopp Investment Ltd. v. CIT (2018) 402 ITR 640 (SC) does not lay down a proposition that the moment it is demonstrated that the assessee had availed of mixed funds, i. e., interest-free as well as interest bearing funds and utilized them for making investments into securities earning tax-free income and the rest applicability of section 14A read with rule 8D would be automatic Resorting to the method prescribed under rule 8D is not automatic-Deletion of addition by the Tribunal is held to be justified. [R. 8D]

CIT v. Shreno Ltd. (2018) 409 ITR 401/( 2019) 261 Taxman 239 (Guj.)(HC)

S. 14A : Disallowance of expenditure-Exempt income – Mixed funds-Having sufficient own funds–No disallowance can be made. [R. 8D]

CIT v. Gujarat State Fertilizers And Chemicals Ltd. (2018) 409 ITR 378 (Guj.)(HC)