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. 219 :Credit for advance tax –Deduction at source- Advance received by firm -succession by company —Credit for deduction of tax at source should be allowed when the receipt or part of receipt recognised as income by company.

ITO v. Dreamax Infrastructure Developers(2018) 65 ITR 500 (Jaipur) (Trib)

S. 145 : Method of accounting –Works contract-Composite contract – First year of business -Rejection of books of account is not justified –GP rate of 7.3% is held to be proper . [ S.145(3)

ITO v. Dreamax Infrastructure Developers(2018) 65 ITR 500 (Jaipur) (Trib)

S. 80P : Co-operative societies -Primary Agricultural Credit Society registered as such under kerala co-operative societies act, 1969 is not a banking company — Entitled to deduction [ S..80P(2)(a)(i)

ITO v. Edanad Kannur SCB Ltd . (2018) 64 ITR 17 (SN) (Cochin) (Trib)

S. 69 :Unexplained investments –Variation in valuation of closing stock –No supporting document is produced – Addition is held to be justified .[ S.133A

Floorings v. ITO (2018) 64 ITR ( SN) 34 (Pune) (Trib)/Bhikshu Granimart v. Dy.CIT (2018) 64 ITR 34 (SN)(Pune)(Trib.)

S.68: Cash credits — Interest-free loan —Confirmation, return, balance-sheet and bank statement —Identity ,creditworthiness and genuineness of transaction is proved — Deletion of addition is held to be justified .

ITO v. Jaidka Woolen and Hosiery Mills P.Ltd. (2018) 68 ITR 216 (Delhi) (Trib)

S. 43(1) : Actual cost –Depreciation-Grants towards capital fund- contribution in the form of grants could not be considered as a payment directly or indirectly to meet any portion of the actual cost and, thus, did not fall within the ambit of Explanation 10 to section 43(1)( S.32 ]

ITO v. Indo German Tool Room(2018) 64 ITR 58(SN)(Ahd) (Trib)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits –Survey – cash purchases reported in the financial statements, i. e., notional entries made for the purpose of matching the unaccounted sales discovered during the search actions –No disallowance can be made by applying the provision of S.40A(3)[ S.133A]

Floorings v. ITO (2018) 64 ITR ( SN) 34 (Pune) (Trib)/Bhikshu Granimart v. Dy.CIT (2018) 64 ITR 34 (SN)(Pune)(Trib.)

S.37(1):Business expenditure – Ad-hoc expenditure –Company –No personal expenses – car running and telephone expenses —Disallowances cannot be made .

ITO v. Jaidka Woolen and Hosiery Mills P. Ltd. (2018) 68 ITR 216 (Delhi) (Trib)

S.37(1):Business expenditure –Capital or revenue – Expenses on electric repairs and maintenance — consumable expenses —Fabrication charges -Revenue in nature

ITO v. Jaidka Woolen and Hosiery Mills P. Ltd. (2018) 68 ITR 216 (Delhi) (Trib)

S. 147 : Reassessment –Delay in filing objections- -If the assessee delays filing objections to the reasons and leaves the AO with little time to dispose of the objections and pass the assessment order before it gets time barred, it destroys the formula provided in Asian Paints Ltd v. Dy. CIT ( 2008) 296 ITR 90 (Bom) that the AO should not pass the assessment order for 4 weeks- A writ petition to challenge the reopening is not entertained [ S.148 ]

Cenveo Publisher services India Ltd. v. UOI ( 2019) 180 DTR 244(Bom)(HC),www.itatonline.org