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. 14A : Disallowance of expenditure – Exempt income – Recording satisfaction – Mixed funds -Recording of satisfaction is mandatory- Disallowance is not attracted automatically .   [ R.8D ]
	
						 
								
				CIT  v.  Gujarat State Fertilizers and Chemicals Ltd.  (2019) 416 ITR 13 (Guj) (HC)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 9(1)(vii):Income deemed to accrue or arise in India – Fees for technical services –  Payment for installation of wind turbine, repairs to wind Turbine and for  market study —  Services rendered technical in nature -Liable to deduction of tax at source- DTAA -India – Sri Lanka .  [ S.195 , 260A, Art, (12)(2) . ]
	
						 
								
				Regen Powertech P. Ltd. v. DCIT ( 2019) 416 ITR 95 (Mad) (HC)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 54F: Capital gains – Investment in a residential house – Part ownership in property – Not considered absolute ownership – Assesse  eligible on the date of transfer of original asset – Exemption is  allowed . [ S.45 ]
	
						 
								
				DCIT v. Shri Dawood Abdulhussain Gandhi ( Mum) (Trib)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S.271(1)(c) – Penalty – Concealment – In order to levy penalty, it should be proved that assessee has consciously concealed income or furnished inaccurate particulars and penalty proceedings were vitiated if AO did not mention the limb under which penalty is levied under section 271(1)(c) in the notice [ S.274 ]
	
						 
								
				Ballabgarh Co-Operative Milk Producers Union Ltd. v. ACIT (2019)73 ITR 434 (Delhi)(Trib.)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 271(1)(c) : Penalty –Concealment – Notice u/s 274 issued without striking off the irrelevant words show non-application of mind by the AO. [ S.274 ]
	
						 
								
				BSM Developers Pvt.Ltd  v. ITO(2019)179 DTR 193 /  73 ITR 69 / 200 TTJ  388 (Delhi) (Trib)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 148: Reassessment- Notice- Order on appeal – If notice u/s 148 is beyond the time limit, the CIT(Appeals) cannot give direction u/s 150  to the AO to execute remedial action u/s 148 [ S. 147, .148 149(1) (b), 150  ]
	
						 
								
				Allahabad Bank Karamchari Co-Operative Credit Society Ltd. v. ITO(2019)73 ITR 700 / 180 DTR 449/ 179 ITD 108 (Luck.)(Trib.)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 148 : Reassessment – Notice – Where notice for reopening issued by AO prior to approval by CIT, the reassessment is bad in law [ S.147 ]
	
						 
								
				DCIT v. Bhaijee Portfolio Pvt. Ltd. (2019) 73 ITR 403 (Delhi)(Trib.)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 148: Reassessment – Time Limit for issue of notice – Reopening notice invalid once the time limit to reopen has expired.[S.147 , 149(1)(b), 150,  250  ]
	
						 
								
				Anshuman Ghosh v. ITO (2019)73 ITR 685 (Luck.)(Trib.)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S.143(3) : Assessment -Natural justice – Case remitted back as principles of natural justice were violates and opportunity of cross examination not given. [ S.131 ]
	
						 
								
				Ankit Metal  and Power Ltd. v. JCIT (2019)73 ITR 374 (Kol.)(Trib.)