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. 263 : Commissioner-Revision of orders prejudicial to revenue– Income from house property-Capital gains-Revision order was quashed on the ground that, to justify exercise of power vested by Statute u/s. 263, it was incumbent upon PCIT to demonstrate that at time of investment, property was not a residential property and in terms of Explanation 2(a), PCIT was required to demonstrate that order passed was without making enquiries or investigation. [S. 45, 143(3)]
Meenu Bansal v. PCIT (2018) 54 CCH 352 / 172 DTR 212 / 196 TTJ 788 (Chd.)(Trib.)
S. 244A : Refunds–Interest on refunds–Month-Assessee had paid taxes and such taxes were refunded, assessee was to be paid interest at prescribed rate for every month or part of month comprising period from date of payment of tax to date on which refund was granted. If such period is a fraction of a month, the same shall be deemed to be a full month and the interest shall be calculated for the entire month accordingly. [General Clauses Act. S.3(35)]
Rajasthan State Industrial Development & Investment Corporation Ltd . v. ACIT ( 2018) 193TTJ 18 (UO) (Jaipur)(Trib.)
S. 234E : Fee-Default in furnishing the statements-Fees levied u/s. 234E prior to 01.06.2015 in intimations made u/s. 200A was directed to be deleted. [S. 200A]
Sonalac Paints & Coatings Ltd. v. DCIT (2018) 167 DTR 83 / 194 TTJ 771 (Chd.)(Trib.)/Nagapal Trading Co v .Dy CIT ( 2018) 167 DTR 83/ 194 TTJ 771 (Chd)(Trib)
S. 234C : Interest-Deferment of advance tax-There was no tax due on returned income and hence, no interest could be levied.
Morgan Stanley Investment Management (P) LTD. v. DCIT(2017) 160 DTR 19 (2018) 191 TTJ 365 (Mum.)(Trib.)
S. 234A : Interest-Default in furnishing return of income-Taxes deposited before filing the return of income is more than the taxes finally determined on regular assessment, interest is not leviable.
Rajasthan State Mines & Minerals Ltd. v. ACIT (2018) 196 TTJ 768 / (2019) 174 DTR 383(Jaipur)(Trib.)
S. 154 : Rectification of mistake–Refund of excise duty –Interest subsidy – Capital receipt. [S.145A]
Kashmir Steel Rolling Mills v. DCIT (2018) 169 DTR 137 / 195 TTJ 125 (Asr.)(Trib.)
S. 147 : Reassessment-Notice issued in the name of individual- Sanction was obtained in the name of firm-Reassessment is held to be bad in law –Not curable defects. [S. 148, 292BB]
Kailash Sharma v. ITO (2017) 49 CCH 545 / (2018) 163 DTR 130/ 192 TTJ 488 (Asr.) (Trib.)
S. 115JB : Book profit-Adjustments towards disallowance of amortization of subsidized cost-Different treatment given in the books of account-Adjustment is held to be not valid.
Scrabble Entertainment Ltd. v. ACIT (2018) 169 DTR 51 / 193 TTJ 418 ( Mum.)(Trib.)
S. 92C : Transfer pricing—Selection of Comparables—Turnover filter— Analysis that smaller companies having less turnover could not be considered as comparable with assessee—Similarly, company who had more turnover than assessee could not be compared with assessee.
Schutz Dishman Biotech P. Ltd. v. DCIT (2018) 196 TTJ 10 (UO) (Ahd.)(Trib.)
S.92C: Transfer pricing—Provision of software development services-Net Margin Method (TNMM) for benchmarking its international transaction of Provision of software development services-Working capital adjustment–Matter remanded.
Pitney Bowes Software India (P.) Ltd. v. Add. CIT (2018) 165 DTR 81 / 192 TTJ 778 (Delhi)(Trib.)