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
Click here to download the pdf versions of the Digest of case laws
S. 271(1)(c) : Penalty–Concealment–Depreciation on land-Bona fide mistake -Voluntarily agreed to surrender tax on value of depreciation wrongly taken on land–Levy of penalty is not justified. [S. 32]
Geeta Shroff (Dr.) v. Dy. CIT (2018) 67 ITR 711 (Delhi)(Trib.)
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Rental income –Business income –Income from house property-Every loss of Revenue as a consequence of an order of AO could not be treated as prejudicial to interests of Revenue – Revision is held to be not valid. [S.22, 28(i)]
Great Heights Infratech Pvt. Ltd. v. PCIT (2018) 67 ITR 424 (Delhi)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-AO framed assessment as per law-Even if it had resulted in loss to revenue, said decision of AO could not be treated as erroneous and prejudicial to interest of revenue. [S. 153A]
Garg Brothers P. Ltd. v. Dy. CIT (2018) 64 ITR 25 (SN) (Kol.)(Trib.)
S. 145 : Method of accounting-Cost of construction-Payment only on account of architecture fee-Estimate of value is not justified -Matter remanded. [S. 142A]
Ganpati Plaza v. ITO (2018) 165 DTR 25 / 193 TTJ 86 (Jaipur )(Trib.)
S. 80IA : Industrial undertakings–Infrastructure development- while computing deduction loss of one eligible unit shall not be set off or adjusted against profit of another eligible unit.
Godawari Power and Ispat Ltd. v. Dy. CIT (2018) 68 ITR 19 (SN) (Raipur)(Trib.)
S. 54 : Capital gains – Profit on sale of property used for residence -More than one house – Amendment brought in S.. 54 to limit the exemption to one Residential unit is applicable from AY .2015-16 on wards. [S. 45]
Harbinder Singh Chimni v. Dy. CIT (2018) 68 ITR 73 (SN) (Delhi)(Trib.)
S. 48 : Capital gains–Computation–Long term capital gains- Indexation–Once factum of construction was accepted then claim of cost of construction could not be rejected out rightly without examining correctness of amount of claim. [S. 45]
Ghanshyam Das Thakawani v. ITO (2018) 68 ITR 61 (SN)(Jaipur)(Trib.)
S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-For considering the permanent establishment in Article 5(2)(i) the threshold duration is 9 months-Income is not chargeable to tax in India-DTAA-India–Mauritius. [S. 90, Art. 5(2)(i), 7]
GIL Mauritius Holdings Ltd. v. Dy. DIT (IT) (2018) 196 TTJ 896 (Delhi)(Trib.)
S. 271G : Penalty – Documents – International transaction – Transfer pricing – Failure to furnish information or documents-Change In Law — Default occurring prior to date of amendment conferring jurisdiction on Transfer Pricing Officer to impose penalty — Transfer Pricing Officer had no jurisdiction prior to Amendment ie on October 1, 2014 . [ S. 2(7A),92D(3) ]
Ericsson India Pvt. Ltd. v. ACIT ( 2018) 305 CTR 584/ (2019) 411 ITR 333 (Delhi) (HC)/ SLP of Revenue is dismissed ,Add. CIT v .Ericsson India Pvt. Ltd. (2024)468 ITR 2 (SC) (Followed , Varkey Chacko v. CIT (1993) 203 ITR 885 (SC)/ 1994 Suppl (1) SCC 264 )
S. 194C : Deduction at source – Contractors – Milling charges -property in by-products came into ownership of millers from a point of coming of it into existence-Assessee was not owners of such by-products—TDS provisions is not attracted . [ S.201 (1) 201(IA) ]
ITO(TDS) v. Distt. Manager Punjab State Warehousing Corporation ( 2018) 54 CCH 164/ 196 TTJ 815/ ( 2019) 176 DTR 129 (Chd)( Trib)