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. 260A : Appeal – High Court –Without admitting the appeal and framing any question of law and dismissing it is not in conformity with the mandatory procedure –High Court is directed to hear the appeal following the mandatory procedure. [ S.260A(2) ( C ), 260A(3) ]
PCIT v. A. A. Estate Pvt. Ltd ( 2019) 413 ITR 438 /176 DTR 441/ 308 CTR 193/ 265 Taxman 78 (SC),www.itatonline.org
S. 250 : Appeal – Commissioner (Appeals) – Guidelines for disposal of appeals – Incentive to CIT(A) –Target of disposal – Enhancement and penalty – Impermissible and invalid- Portion of Central Action Plan prepared by CBDT which gives higher weightage for disposal of appeals by quality orders i.e where order passed by Commissioner(Appeals) is in favour of revenue was to be set aside.[ S.119 , 250 (6A]
Chamber of Tax Consultants v. CBDT ( 2019)416 ITR 21/ 263 Taxman 551 / 177 DTR 284/ 308 CTR 464 (Bom)(HC), www.itatonline.org/Ace Legal v .UOI ( 2019) 416 ITR 21/ 308 CTR 464/ 177 DTR 284 ( Bom) (HC)
S. 148 : Reassessment – Notice to dead person- Notice to legal heir of deceased Assessment order is held to be invalid .[S.147 , Art .226]
Rupa Shyamsundar Dhumatkar v. ACIT ( 2020) 420 ITR 256/ 275 Taxman 453 (Bom)(HC), www.itatonline.org
S. 69C :Unexplained expenditure -Bogus purchases –Trader in fabrics – -Entire purchases cannot be added without disturbing the sales – Addition is to be restricted to the extent of G.P rate .[ S.145 ]
PCIT v. Mohommad Haji Adam (Bom)(HC),www.itatonline.org
S. 260A : Appeal – High Court -Monetary limit – The matter neither had any cascading tax effect nor did it involve any issues of common principles in a group of matters or a large number of matters-.The withdrawal of the appeal could be permitted in accordance with the CBDT Circular dated July 11, 2018 [ S.119 ]
CIT v. P. C. Naidu (2019) 412 ITR 378 (Karn)(HC)
S. 260A : Appeal – High Court – Revision — Amortisation of preliminary expenses — Bank — Expenses in relation to initial public offer —Revision was quashed by appellate Tribunal and up held by High Court – Matter remanded to High Court to frame question of law and decide the matter .[ S. 35D, 263 ]
CIT v. Yes Bank Ltd. (2019) 412 ITR 459 / 307 CTR 593/ 175 DTR 409 / 262 Taxman 446 (SC) Editorial: Decision in CIT v. Yes Bank Ltd ( ITA No. 599 of 2015 dt 1-8 -2017 ( Bom) (HC) is set aside .
S. 245D:Settlement Commission -Full and True disclosure of undisclosed income – Further disclosure of undisclosed income during settlement proceedings -Not entitled to Settlement of case- Granted permission to file an appeal from the assessment order with in 30 days from the date of receipt of a copy of the judgement . [ S. 132, 158BC ,245C, 245D(4) ]
CIT v. ITST )( IT& WT) (2019) 412 ITR 387/ 178 DTR 341 / 309 CTR 297 (Ker)(HC)
S. 192 : Deduction at source – Salary -Hospital- Consultant Doctors are not employees – Not liable to deduct tax at source as salary -Payments for call centre expenses — Tax deductible at source under S. 194C -Services of Managers of another organisation utilised — Reimbursement of expenses- Not liable to deduct tax at source [ S.194C, 194J , 201(1),201(IA) ]
CIT (TDS) v. National Health And Education Society. (2019) 412 ITR 404/ 262 Taxman 240 (Bom) (HC)
S. 153C : Assessment – Income of any other person – Search – A satisfaction note is sine qua non and must be prepared by the Assessing Officer before he transmits the records to the Assessing Officer who has jurisdiction over such other person- Not furnishing the reasons for satisfaction – Proceedings is held to be in valid .
SVK Minerals. v. DCIT (2019) 411 ITR 709/ 311 CTR 789/ 184 DTR 36 (Karn) (HC) Shyamraj Singh v. DCIT (2019) 411 ITR 709 / 311 CTR 789/ 184 DTR 36(Karn) (HC)