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. 254(1) : Appellate Tribunal–Powers-Remand with Directions– Consequential enhancement is held to be valid. [R. 8D]

Punjab State Co-Operative Milk Produce Federation Ltd. v ACIT (2019) 197 TTJ 642/ 174 DTR 155 (Chd.)(Trib.)

S. 148 : Reassessment–Notice–Return filed in response offering lesser income- Assesse cannot raise fresh independent claims having effect of reducing income already declared. [S. 147]

Ratnagiri District Central Co-Operative Bank Ltd. v DCIT (2019) 197 TTJ 649/175 DTR 327 ( Pune) (Trib.)

S. 147 : Reassessment–Reasons recorded mentioned incorrect amount – No reason to believe–Reassessment is held to be bad in law. [S. 148]

Ambey Construction Co. v. ACIT (2019) 176 DTR 396 / 198 TTJ 969 / 71 ITR 422 (Asr.)(Trib.)

S. 147 : Reassessment–After the expiry of four years–No additions sustained on the reasons recorded–Reassessment is bad in law . [S. 148]

Ratnagiri District Central Co-Operative Bank Ltd. v. DCIT (2019) 197 TTJ / 175 DTR 327 (Pune)(Trib.)

S. 145 : Method of accounting-Project Completion Method-Percentage Completion Method-Project completion method is held to be valid- Deletion of addition in respect of advance received from customers is held to be valid. [S. 145(3)]

ITO v. Shanti Constructions (Agra)(Trib.), www.itatonline.org

S. 143(3) : Assessment–Amalgamation–Merger -Assessment order passed in the name of non-existent entity–Held to be invalid. [S. 143(2)]

Dy. CIT v. First Future Agri & Developers Ltd. (2019) 176 DTR 151 / 198 TTJ 1014 (Mum.)(Trib.)

S. 68 : Cash credits-Bank statement cannot be considered as books maintained by assessee-Addition is held to be not valid.

Satish Kumar v. ITO (2019) 198 TTJ 114 / 175 DTR 121 (Asr.)(Trib.)

S. 68 : Cash credits–All details regarding cable operators available on record–All deposits received in cheque which were subsequently refunded back- Deletion of addition is held to be justified.

ACIT v. Star India (P) Ltd. (2019) 176 DTR 409 / 199 TTJ 125 (Mum.)(Trib.)

S. 54 : Capital gains–Profit on sale of property used for residence– Acquisition of three flats–Converted into one single unit–One electricity meter / bill for the entire residential unit–Deduction could not be denied in spite of there being three separate agreements for purchase and sale of flats, [S. 45]

ACIT v. Bipin N. Sagar (2019) 176 DTR 43/ 198 TTJ 649 (Mum.)(Trib.)

S. 44BB : Mineral oils – Non-residents – Business for prospecting/exploration, mineral oil etc. vessels given on hire- Required to be shown to be fitted with necessary equipments, and having technical capacity for use in prospecting for, or extraction or production of mineral oils-Matter remanded.

DCIT v. PGS Geophysical AS (2019) 176 ITD 75 / 201 TTJ 724(Delhi) (Trib.)