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. 234B : Interest-Advance tax–Notified person–Assets attached- Assessing Officer is directed to recompute interest liability after reducing amount of tax deductible at source on source on income earned. [S. 234C]
Ashwin S. Mehta v. ACIT (2019) 70 ITR 234 (Mum.)(Trib.)
S. 201 : Deduction at source-Failure to deduct or pay–Non-Resident–Royalty–Payment for purchase of copyrighted software –Not royalty–DTAA override the provisions of the Act-Lease Line Charges—Reimbursement of Expenses-Training availed of by employees of assessee Web based services available on internet— No technical knowledge imparted by service provider—No transfer of technology—Not fees for technical Services-Not liable to deduct tax at source-DTAA-India-USA. [S. 9(1)(vi), 9(1)(vii), 195, 201(1), 201(IA), Art. 12(b)]
John Deere India P. Ltd. v. DIT (2019) 70 ITR 73 / 199 TTJ 281(Pune)(Trib.)
S. 153C : Assessment-Income of any other person-Search– Audited balance sheet-Initiation of proceedings-Held to be not valid.
Anush Finlease and Construction Pvt. Ltd. (2019) 70 ITR 336 (Delhi)(Trib.)
S. 153C : Assessment-Income of any other person–Search-Profit and loss account and balance sheet-Not Incriminating documents –Addition is held to be not valid. [S.132]
Wisdom Realtors P. Ltd. (2019) 70 ITR 181 (Delhi)(Trib.)
S. 153C : Assessment-Income of any other person–Search- Recording of satisfaction is mandatory even if the Assessing Officer of the person in respect of whom the search was conducted and the other person was one and the same-Additions were deleted. [S. 132]
Satkar Fincap Ltd. ACIT (2019) 70 ITR 294 (Delhi)(Trib.)
S. 153A : Assessment–Search-Assessment completed on date of search–Additional ground raised before Tribunal -No incriminating material found-No jurisdiction to frame the assessment. [S. 69C, 254(1)]
Flex Engineering Ltd v. DCIT (2019) 70 ITR 417 (Delhi) (Trib.)
S. 147 : Reassessment–With in four years-Non application of mind- Recording of incorrect figures-Merely repeating investigation report–Reassessment is held to be invalid. [S. 148]
KEY Components P. Ltd. v. ITO (2019) 70 ITR 211 (Delhi)(Trib.)
S. 147 : Reassessment–With in four years-Provision for doubtful debt–Unabsorbed depreciation- Reassessment is held to be valid [S. 32(2), 148 ]
Health and Glow Retailing P. Ltd. v. ACIT (2019) 70 ITR 163 (Chennai) (Trib.)
S. 147 : Reassessment–Capital asset -Agricultural land-Location of land from local limits of Chennai Municipal Corporation was relevant to decide as to whether said land was an agricultural land within meaning of S. 2(14)(iii) and distance of land from Chennai Metropolitan area was not relevant- Reassessment is held to be bad in law.[S. 2(14)(iii), 148]
Naiyer Sultan v. ITO (2019) 177 ITD 201 (Kol) (Trib.)
S. 145 : Method of accounting–Valuation of closing stock at nil- Consistent method of accounting–Deletion of addition by CIT(A) is held to be justified.
ITO v. Wasan Exports (P.) Ltd. (2019) 177 ITD 115 (Delhi) (Trib.)