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. 201 : Deduction at source-Failure to deduct or pay–Bonafide belief that as employees of State Government and were entitled to exemption of entire sum of unutilised leave encashment–Failure to deduct tax at source–Cannot be treated as assessee in default .[S.10(10AA(ii), 192, 201(1), 201(IA)]
Karnataka Power Transmission Corporation Ltd. v. ITO(TDS) (2019) 70 ITR 352 / 175 ITD 504/ 198 TTJ 470/ 175 DTR 313/199 TTJ 377/ 177 DTR 256(Bang.)(Trib.)
S. 145 : Method of accounting-Low gross profit–Books of account cannot be rejected without pointing out any defects CIT(A) cannot enhance and reject the books of account which was not the subject matter of assessment. [S. 251]
Zuberi Engineering Company V. DCIT (2019) 69 ITR 261 / 175 ITD 557 / 197 TTJ 659 / 179 DTR 25(Jaipur)(Trib.)
S. 133A : Power of survey -Sworn statement–Addition cannot be made only on the basis of statement of managing director recorded u/s. 131 during survey, without any corroborative evidence. [S. 131, 132(4) ,143(3), Evidence Act, 1878, S. 18]
ITO v. Toms Enterprises. (2019) 175 ITD 607/199 TTJ 758/ 180 DTR 235 (Cochin)(Trib.)
S. 68 : Cash credits–Advance received in earlier years-Addition cannot be made as cash credits.
James P. D’Silva. v. DCIT (2019) 175 ITD 533/199 TTJ 739 / 179 DTR 281(Mum.)(Trib.)
S. 54B : Capital gains–Agricultural land-Land was used for agricultural purposes–Land classified as agricultural land Jowar crop was grown- Eligible exemption [S.2(14), 45]
Murtuza Shabbir Jamnagarwala v. ITO (2019) 175 ITD 494 (Pune) (Trib.)
S. 48 : Capital gains–Computation-Foreign Institutional Investor (FII)-Sale of shares of Indian subsidiary-legal/professional fees paid to lawyers/accounting firms- Allowable as deduction. [S.45, 48(1)]
AIG Offshore Systems Services Inc. v. ACIT (2019) 175 ITD 647/ 197 TTJ 765 (Mum.)(Trib.)
S. 45 : Capital gains- Long term–Short term- Sale of flat – Date of allotment of flat and not date of giving possession of flat which has to be considered as date for computing holding period of 36 months. [S. 2(29A)]
Richa Bagrodia v. DCIT (2019) 175 ITD 552 (Mum.)(Trib.)
S. 45 : Capital gains–Retirement–Amount received as share value of assets of firm on his retirement are not liable to be taxed either as capital gains nor as business income.[S. 2(14), 2(47), 28(v)]
James P. D’Silva. v. DCIT (2019) 175 ITD 533 /199 TTJ 739/ 179 DTR 281(Mum.)(Trib.)
S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability-Business of bottling-cum-manufacturing of soft drink-Advances/deposits towards security against bottles & cases-Written off-Addition cannot be made as remission or cessation of liability. [ S. 32 ]
Poona Bottling Company (P.) Ltd. v. ACIT (2019) 175 ITD 634 (Pune)(Trib.)
S. 40(a)(ia) : Amounts not deductible-Deduction at source- Transportation of goods- Requisite information was furnished u/s 194C(6)–No disallowance can be made- Amendment made to section 40(a)(ia) by Finance Act, 2015 is remedial in nature and retrospective in applicability. [S. 194C(6)]
Zuberi Engineering Company v. DCIT (2019) 69 ITR 261 / 175 ITD 557/197 TTJ 659/ 179 DTR 25 (Jaipur) (Trib.)