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 –Share capital at high premium- Directions and guidelines to Assessing Officer to inquire in regard to infusion of share capital at high premium—Revision order is valid-Application for adjournment of hearing was submitted two days after scheduled date of hearing—Principles of natural justice is not violated. [S.68, 119, Code of Civil Procedure 19089 O.IX R. 13]
AIM Fincon Pvt Ltd v. CIT (2019) 412 ITR 539 (Cal) (HC)
S. 260A : Appeal – High Court – Question regarding limitation can be raised for first time Before High Court –Revision was held to be bad in law. [S. 80IB,153A, 251, 260A, 263]
Skyline Builders v. CIT (2019) 412 ITR 182 /179 DTR 165/ 309 CTR 415/ 265 Taxman 38 ( Mag)(Ker.)(HC)
S. 254(1) : Appellate Tribunal–Duties–Bogus purchases–Direction of CIT(A) was set aside by Tribunal-Recording of fact by Assessing Officer that supplier did not file return—Failure by Tribunal as final fact finding authority to consider facts—Matter remanded to Tribunal for fresh disposal. [S. 37(1), 133(6), 251]
CIT v. Meerut Roller Flour Mills (P.) Ltd. (2019) 412 ITR 155/ 263 Taxman 100 (All.)(HC) /Editorial: SLP of assessee dismissed, Meerut Roller Flour Mills (P.) Ltd. v. PCIT [2020] 113 taxmann.com 522 /269 Taxman 273 (SC)
S. 253 : Appellate Tribunal-Territorial jurisdiction-Assessee situated at Moga within jurisdiction of Amritsar Bench-Order passed by Appellate Tribunal at Chandigarh without territorial jurisdiction-Order is null and void-Matter to be sent to Amritsar Bench for disposal. [S. 254(1)]
CIT v. Baba Amarnath Educational Society. (2019) 412 ITR 234 / 180 DTR 308 / 310 CTR 388 (P&H)
S. 245C : Settlement Commission – Settlement of cases –Further disclosure of undisclosed income during settlement proceedings — No full and true disclosure of undisclosed income — Not entitled to Settlement-Assessee was granted liberty to file an appeal within thirty days from the date of receipt of a copy of the judgment of the court in the writ appeal. [S. 245D]
CIT v. Settlement Commission (I&W) (2019) 412 ITR 387/ 178 DTR 341/ 309 CTR 297 (Ker.)(HC)
S. 192 : Deduction at source–Salary-Salary of teachers of Christian Institutions paid by State Government-Teachers paying their entire salaries to Church-Salaries not diverted at source by overriding title-State Government is bound to deduct tax at source on Salaries. [S. 15]
UOI v. The Society of Mary Immaculate (2019) 412 ITR 545/ 262 Taxman 496/ 308 CTR 423 // 177 DTR 60(Mad.)(HC) Editorial: Decision of single judge is reversed. WP No. 37565 to 37567 of 2015 dt .22-12-2016.
S. 158BE : Block assessment-Time limit-Limitation starts from date of last Panchnama—Search In March 2000-Panchnama in April 2000—Assessment order On 24-4-2002—Not Barred by Limitation. [S. 132, 132(3)]
K. V. Padmanabhan v. ACIT (2019) 412 ITR 55/ 177 DTR 262/308 CTR 724/ 255 Taxman 36 (Mag.) (Ker.)( HC)
S. 154 : Rectification of mistake-Fringe benefits tax-Assessing Officer enhancing assessable fringe benefits by passing rectification order- Held to be not valid. [S. 115WE(3)]
CIT v. Aristo Pharmaceuticals Pvt. Ltd. (2019) 412 ITR 112 (Bom.)(HC)
S. 154 : Rectification of mistake-Amount received as rent by assessee who was not owner of properties-Rent passed on to owners-Tribunal holding assessee was not liable to deduct tax at source on such rents-Plausible View-Rectification proceedings holding assessee liable to deduct tax at Source-Not justified.
Gopal Das Estates And Housing Pvt. Ltd. v. CIT (2019) 412 ITR 489/ 263 Taxman 8/ 176 DTR 193 (Delhi)(HC)
S. 147 : Reassessment–Search in premises of third party– Discovery that the assessee was not a genuine company –Notice for reassessment is valid. [S. 148]
Etiam Emedia Ltd. v . ITO (2019) 412 ITR 87 (MP)(HC)