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S. 264 : Commissioner-Revision of other orders–Appeal filed was withdrawn–Revision application is maintainable-Writ petition is maintainable against the revision order -Sale of agricultural land-In the assessment of Co-owner the land was accepted as agricultural land–Rejection of revision application was held to be not valid–Matter remanded. [S. 45, 264(4)(a)]
Pallavarajha v. CIT (2018) 409 ITR 282/ 176 DTR 115/ 311 CTR 451 (Mad.)(HC)
S. 254(1) : Appellate Tribunal – Duties- Reassessment —Tribunal reversing decision of Commissioner (Appeals) without cogent reasons — Order of Tribunal is held to be not valid. [S. 147]
Prime Chem Oil Ltd. v. ACIT (2018) 409 ITR 309 (Raj.)(HC)
S. 254(1) : Appellate Tribunal–Duties-Reversal of findings of fact of Assessing Officer by Tribunal without recording reasons and also not deciding the cross appeal filed by the department- Matter remanded to Tribunal for fresh adjudication. [S. 80IB]
PCIT v. Montage Enterprises Pvt. Ltd. (2018) 409 ITR 185 / 305 CTR 444/ 171 DTR 70 (Delhi)(HC)
S. 195 : Deduction at source-Non-resident-Payment for technical services rendered outside India–Amendment with retrospective effect from 1-4-1962- Not liable to deduct tax at source. [S.9(1)(1) (vii)]
CIT v. Motif India Infotech (P.) Ltd. (2018) 409 ITR 178 (Guj.) (HC)
S. 147 : Reassessment—Notice issued based on overruled judgment is illegal and improper. [S. 43D, 148]
Aravali Kshetriya Gramin Bank v. ACIT (2018) 409 ITR 242 (Raj.)(HC)
S. 92C : Transfer pricing–Arm’s length price–Comparable- Working capital adjustment–Question of fact–No substantial question of law. [S. 260A]
CIT v. Goldman Sachs Services P. Ltd. (2018) 409 ITR 268 (Karn) (HC)
S. 68 : Cash credits—Credit entries in bank account is not explained satisfactorily–Genuineness of transaction is not proved -Order of Tribunal confirming the addition is held to be justified. [S. 69A]
Kailash Swaroop Agarwal v. CIT (2018) 409 ITR 210 (Raj.)(HC)
S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability -Liability continued to be shown in balance-sheet — Addition cannot be made as deemed income.
CIT v. Eco Auto Components Pvt. Ltd. (2018) 409 ITR 202 (P&H) (HC)
S. 36(1)(vii) : Bad debt–Sums written off in books of an assessee is sufficient to claim the bad debt and assessee is not required to prove the recoverability of debt.
CIT v. Eco Auto Components Pvt. Ltd. (2018) 409 ITR 202 (P&H) (HC)