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. 3 : Prohibiton of benami transaction – Loan repaid in cash – The existence of the ‘benami’ transaction has to be proved by the authorities, i.e., the person who alleges the transaction-The authorities have failed to discharge the burden of proof- The authority has purely gone on the premise that cash is transferred from one person to another, with an object to defeat, demonetization. This is insufficient to establish a ‘benami’ transaction. [S. 24]

P. Ezhilpandian v. K. Visakh, Dy. CIT (2018) 259 Taxman 583 (PBPTA-AT)

S. 271(1)(c) : Penalty–Concealment-Claimed deduction in respect of payments made to employees under VRS Scheme–Levy of penalty is held to be not justified.[S. 35DDA, 37(1)]

PCIT v. Modipon Ltd. (2018) 100 taxmann.com 57/ 259 Taxman 426 (Delhi)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Modipon Ltd. (2018) 259 Taxman 425 (SC)

S. 271(1)(c) : Penalty concealment-Disallowance of expenditure- Exempt income–mere disallowance of expenditure cannot be held to be furnishing inaccurate particulars of income–Deletion of penalty is held to be justified. [S. 14A, R.8D]

PCIT v. Gruh Finance Ltd. (2018) 100 taxmann.com 103 / 259 Taxman 421 (Guj.)(HC) Editorial : SLP of revenue is dismissed ; PCIT v. Gruh Finance Ltd. (2018) 259 Taxman 420 (SC)

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Delay of 231 days- Affidavit was filed explaining the delay -Revenue has not disputed the correctness of the affidavit–Delay was condoned–Matter remanded to Tribunal to decide on merits.

Elnet Technologies Ltd. v. Dy. CIT (2018) 259 Taxman 593 (Mad.)(HC)

S. 245D : Settlement Commission-Unexplained money–Application for Offering the Income of Rs. 27.05 crores–Accepted at Rs.30 crores-Order of settlement commission is held to be valid. [S. 69C, 153A, 245C]

CIT v. Radio Khaitan Ltd. (2017) 83 taxmann.com 375 (Delhi)(HC) Editorial: SLP dismissed on merit, CIT v. Radio Khaitan Ltd.(2018) 259 Taxman 85 (SC)

S. 244A : Refund–Interest on refunds–Entitle to interest on refund of excess self assessment tax paid.

PCIT v. Bank of India (2018) 100 taxmann.com 105 / 259 Taxman 428 (Bom) HC) Editorial : SLP is granted to revenue ; PCIT v. Bank of India (2018) 259 Taxman 427 (SC)

S. 226 : Collection and recovery–Stay–Pendency of appeal before CIT(A)- Directed to deposit only 1% of tax demanded during pendency of appellate Proceedings. [S. 68, 250]

Anad Farmers Service Cooperative Bank Ltd. v. CBDT (2018) 100 taxmann.com 97/259 Taxman 406 (Ker.)(HC) Editorial : SLP of assessee is dismissed, Anad Farmers Service Cooperative Bank Ltd. v. CBDT (2018) 259 Taxman 405 (SC)

S. 69 : Unexplained investments–Undisclosed sales of flats -Sale proceeds never came in to possession of the assessee-Deletion of addition is held to be justified.

CIT v. Sadiq Sheikh (2018) 100 taxmann.com 9 / 259 Taxman 423 / 197 DTR 191/ 318 CTR 382 (Bom.)(HC)/CIT v. Sadia Sheikh (2020) 429 ITR 163 / 122 taxmann.com 39 /(2021)276 Taxman 292/ 197 DTR 191/ 318 CTR 382 (Bom.)(HC) Editorial : SLP of revenue is dismissed; CIT v. Sadiq Sheikh (2018) 259 Taxman 422 (SC)

S. 68 : Cash credits -Share capital–Documents were not produced– Addition is held to be justified.

J.J. Development (P.) Ltd. v. CIT (2018) 100 taxmann.com 101 / 259 Taxman 415 (Cal.)(HC) Editorial: SLP of assessee is dismissed, J.J. Development (P.) Ltd. v. CIT (2018) 259 Taxman 414 (SC)

S. 68 : Cash credits–Share application money–AO has not conducted any enquiry–Addition on surmises is held to be not justified.

PCIT v. Himachal Fibers Ltd. (2018) 98 taxmann.com 172 / 259 Taxman 4 (Delhi) (HC) Editorial: SLP of revenue is dismissed. PCIT v. Himachal Fibers Ltd. (2018) 259 Taxman 3 (SC)