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. 226 : Collection and recovery-Modes of recovery-Appeal pending before CIT (A)–Upon payment of Rs.15 lakhs-Garnishee proceedings lifted. [S. 226 (3)]

R. Panneerselvam v. DGI (Inv.) (2019)411 ITR 546/ 263 Taxman 195 (Mad.)(HC)

S. 158BFA : Block assessment–Penalty-Undisclosed income-Not disclosed in the return–15% of undisclosed receipt was added as undisclosed income–Penalty is leviable. [S. 158B(b), 158BC]

CIT v. C. Najeeb (2019) 411 ITR 487/ 178 DTR 83/ 309 CTR 77 (Ker.)(HC)

S. 158BC : Block assessment-Undisclosed income—Does not mean entire undisclosed receipts—Tribunal justified in estimating 15% percentage of undisclosed receipts as undisclosed income. [S.158B(b)]

CIT v. C. Najeeb (2019) 411 ITR 487/ 178 DTR 57/ 309 CTR 77 (Ker.)(HC)

S. 147 : Reassessment-Claim for deduction cannot be made in Reassessment—Limitation- Not barred by limitation.[S. 149]

CIT v. Punalur Paper Mills Ltd. (2019) 411 ITR 563/ 176 DTR 342/ 309 CTR 42 (Ker.)(HC)

S. 147 : Reassessment-Notice based on appellate order-Documents showing share transactions were not genuine–Stockbrokers had elucidated on the sham and bogus nature of the share transaction- Matter remanded. [S. 68, 148]

CIT v. Geetanjali Credits and Capital Limited. (2019) 411 ITR 338/ 307 CTR 125/ 174 DTR 217 (Delhi)(HC)

S. 147 : Reassessment-Certificate was not produced -Inadvertently the deduction was allowed-Based on earlier years appellate order reassessment is held to be valid. [S. 80HHC, 148]

Baby Marine Exports v. ACIT (2019) 411 ITR 230 / 175 DTR 364(Ker.)(HC)

S. 147 : Reassessment—Change of opinion—Provision for diminution in the value of an asset and provision for doubtful debts-Held to be bad in law. [S. 115JB, 148]

Rallis India Ltd. v. DCIT (2019) 411 ITR 452 (Bom.)(HC)

S. 147 : Reassessment-After the expiry of four years-Transfer of asset to subsidiary-Subsequent transfer by subsidiary to third party -Transaction was disclosed in the original assessment proceedings- Re assessment is held to be not valid. [S. 148]

Bharti Infratel Ltd. v. DCIT (2019) 411 ITR 403/ 174 DTR 169 (Delhi)(HC)

S. 145 : Method of accounting-Mercantile system-Legal steps taken for enhancement of rent -Rent claimed before the arbitrator should be shown as accruing when the matter is pending before the Arbitration. [S. 22, 23]

CIT v. Punalur Paper Mills Ltd. (2019) 411 ITR 563/ 176 DTR 342 / 309 CTR 42 (Ker.)(HC)

S. 145 : Method of accounting—Construction business–Percentage completion method–Brokerage expenditure–Allowable in the year when the expenditure is incurred. [S. 37(1)]

CIT v. DLF Home Developers Ltd. (2019) 411 ITR 378 (2020) 188 DTR 151 (Delhi) ( HC)