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 – Penalty is not leviable where the AO has failed to mention the specific charge for levy of penalty in the show cause notice under section 274 of the Act. [S. 274]
Gulam Farooq Ansari v. ITO (2018) 194 TTJ 719 / 168 DTR 42 (Jaipur)(Trib.)
S. 253 : Appellate Tribunal – Power to admit additional grounds – Revenue once accepted claim during assessment cannot raise additional ground which was not a subject matter appeal before lower authorities.
Google India (P.) Ltd. V. Jt. DIT (IT) (2018) 194 TTJ 385 (Bang.) (Trib.)
S. 253 : Appellate Tribunal – Delay of 658 days in filing of appeal – Employee failed to deliver the order of the CIT(A) to the CA for necessary action – Delay caused due to bonafide mistake of employee – Delay condoned – Initiated vide notice dated 23.09.2003 but the respective orders were passed on 28.03.2011 which were beyond a period of one year from the end of the financial year in which the proceedings u/s. 201 of the Act were initiated-orders passed u/s. 201(1)/201(1A) of the Act, were barred by limitation.[S.194C,201(1) ,201(IA)]
Hathway C-Net (P) Ltd. v. TRO (2018) 192 TTJ 497 (Mum.) (Trib.)
S. 249 : Appeal – Commissioner (Appeals) – Form of appeal and limitation – Delay in filing of appeal electronically was to be condoned by CIT(A) where such delay was caused due to technical issues and lack of knowledge regarding e-filing procedure.
Gurinder Singh Dhillon v. ITO (2018) 194 TTJ 120 / 166 DTR 274 (Delhi)(Trib.)
S. 145 : Method of Accounting – Rejection of books – AO has to specify defects, non-compliance of accounting standards.
Google India (P.) Ltd. Jt. DIT(IT) (2018) 194 TTJ 385 (Bang.) (Trib.)
S. 143(3) : Assessment- Overdue interest-Provisions for bad and doubtful debts – Schedule bank – Interest income on NPAs is taxable on receipt basis and not on accrual basis. [S.4,28(i), 36, 37 (1)]
ACIT v. The Guntur Co-operative Central Bank (2018) 193 TTJ 870 / 166 DTR 280 (Visakha.) (Trib.)
S. 92C : Transfer pricing – Arms’ length price – Profit Split Method can be adopted as most appropriate method in cases involving multiple inter-related international transactions which cannot be evaluated separately.
Google India (P.) Ltd. v Jt. DIT(IT) (2018) 194 TTJ 385 (Bang.)(Trib.)
S. 68: Cash credits – Mere non-production of directors of Creditor Company cannot justify addition when detailed evidences filed.
Gopal Forex Pvt. Ltd. v. ITO (2018) 66 ITR 226 (Delhi) (Trib.)
S. 68 : Cash credits – Bogus purchase – Liability pursuant to purchase and corresponding stock declared in books – No case of under assessment and no bogus liability to make addition[ S.143(3)]
Grandhi Sri Venkata Amarendra v. ACIT (2018) 66 ITR 66 (SN) (Visakha.)(Trib.)
S. 50C : Capital gains – Full value of consideration – Stamp valuation – Disputed valuation adopted by stamp duty authorities before AO – AO is required to refer the matter of valuation to Valuation Officer.[ S.45 ]
Harphool Jat v. ITO (2018) 66 ITR 7(SN)(Jaipur)(Trib)