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. 153A : Assessment – Search- Any information or material found post the date of search cannot be construed to be incriminating material for the purpose of making additions as cash credits . [ S.68 ]

ACIT v. Spectrum Coal and Power Ltd. (2018) 62 ITR 184 (Delhi) ( Trib. ACIT v. Shyam Indus Power Solutions (P) Ltd. (2018) 62 ITR 512 (Delhi )(Trib) ACIT v. TRN Energy P. Ltd. (2018) 62 ITR 499 (Delhi Trib.)

S. 153D : Assessment – Search – Approval – Exercise was carried out by the joint CIT in a mechanical manner without proper application of mind. Therefore, the impugned assessments are suffering from the incurable defect of improper approval and are annulled.[ S.153A ]

ACIT v. Shyam Lal Bansal . (2018) 192 TTJ 968/164 DTR 185 (Jodhpur)(Trib.)/Indra Bansal v. ACIT (2018) 164 DTR 185 / 192 TTJ 968 (Jodhpur)

S. 144C : Reference to dispute resolution panel – If draft assessment order has not been passed in accordance with procedure laid down in S. 144C(1) and instead final assessment order has been passed though within limitation time, then such an order cannot be cured after limitation has expired by any subsequent rectification proceedings or corrigendum and in such a situation all subsequent proceedings and final assessment order will get invalidated [ S.92C ]

Oracle India (P) Ltd. (2018)162 DTR 188 (Delhi)( Trib)

S. 153A : Assessment – Search or requisition – No incriminating material found during the course of search to doubt the transaction – Additions cannot be made. [ S.132 ]

Dingle Buildcon P. Ltd. v. ACIT (2018) 62 ITR 161 (Delhi)(Trib.)

S. 153 : Assessment – Limitation – AO is required to pass the assessment order within the period of limitation available under S. 153(2A) of the Act. [ S.153(2A) ]

Bechtel India (P) Ltd. v. Addl. CIT (2018) 191 TTJ 280 (Delhi)(Trib.)

S. 144 : Best judgment assessment – Profit in earlier year less than in instant year – GP higher than earlier years – No addition on difference in stock found as on date of search.

Baroda Moulds and Dies v. ACIT (2018) 62 ITR 168 (Ahd)(Trib.)

S. 139 : Return-Revised return – Remanded for verification [S. 139(4)]

Dy. CIT v. L & T Finance Ltd. (2018) 192 TTJ 9 (Mum.)(UO)(Trib.)

S. 92C : Transfer pricing – Arms’ length price – Extraordinary event occurred in the case of comparable companies is liable to be excluded. [ S.92CA ]

Conexant Systems Private Ltd. v. Dy. CIT (2018) 63 ITR 320 (Hyd)(Trib.)

S. 92C : Transfer pricing – Arms’ length price – Assessee company processed, bottled and sold liquor in India under two segments Bottled in India Scotch (BIIS) and India Made Foreign Liquor (IMFL) – activities of the assessee are two different segments – assessee’s segregation approach for benchmarking these segments justified.

Dy. CIT v. Allied Domecq Spirits and Wine India Pvt. Ltd. (2018) 63 ITR 376/193 TTJ 920 (Delhi) ( Trib.)

S. 92C : Transfer pricing -Arm’s length price- Matter was remanded .

CEVA Freight India (P) Ltd. v. Dy. CIT (2018) 192 TTJ 887/ 172 DTR 55 (Delhi)(Trib.)