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. 16 : Officers and employees, salary, allowances etc- Management trainee- Person appointed on probation for a specified period – Does not get confirmation automatically.

Anand Kumar v. ICAI (2019) 262 Taxman 65 (Delhi)(HC)

S. 271(1)(c) : Penalty–concealment–capital gain exemption claimed–Quantum addition is confirmed-Full disclosure was made –No mala fide intention- Deletion of penalty is held to be justified.

PCIT v. Samir Suryakant Sheth (2019) 103 taxmann.com 197 / 262 Taxman 28 (Guj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Samir Suryakant Sheth. (2019) 262 Taxman 27 (SC)

S. 271(1)(c) : Penalty–Concealment-Tax paid claimed as deduction- Mistake of chartered accountant–Neither the affidavit nor evidence was produced -Levy of penalty is held to be justified. [S. 37(1), 40(ii)]

Jivanlal and Sons. v. ACIT (2019) 103 taxmann.com 207 / 262 Taxman 24 (Bom.)(HC) Editorial: SLP of assessee is dismissed, Jivanlal and Sons v. ACIT (2019) 262 Taxman 23 (SC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue -Bogus purchases and depreciation–Revision is held to be not valid. [S. 32, 69C]

CIT v. Century Plyboards (I) Ltd. (2019) 103 taxmann.com 178 / 262 Taxman 14 (Cal.)(HC) Editorial: SLP of revenue is dismissed, CIT v. Century Plyboards (I) Ltd. (2019) 262 Taxman 13 (SC)

S. 260A : Appeal-High Court-Delay of 224 days-Ex-Chairman’s health ailment was sufficient cause- Delay was condoned and High Court is directed to hear the appeal on merits .

Aakash Lavlesh Leisure (P.) Ltd. v. ITO (2019) 262 Taxman 2/ 177 DTR 57 /308 CTR 200 (SC) Editorial: Aakash Lavlesh Leisure (P.) Ltd. v. ITO (2019) 103 taxmann.com 247/ 262 Taxman 4 (Bom.)(HC)

S. 215 : Interest payable by assessee–Advance tax-Non deposit of amount by non -resident assessee–Levy was held to be not valid -No question of law.[S. 260A]

CIT (IT) v. Shanghai Electric Group Co. Ltd. (2019) 103 taxmann.com 112 / 262 Taxman 26 (Delhi)(HC) Editorial: SLP of revenue is dismissed, CIT(IT) v. Shanghai Electric Group Co. Ltd. (2019) 262 Taxman 25 (SC)

S. 148 : Reassessment – Notice in the name of deceased assessee- For acquiring jurisdiction to reopen an assessment, notice should be issued in name of living person, i.e., legal heir of deceased assessee-S292B could not be invoked to correct a fundamental/substantial error- Notice is held to be bad in law .[ S.147, 292B, 292BB ]

Sumit Balkrishna Gupta. v. ACIT (2019) 414 ITR 292 / 262 Taxman 61/ 178 DTR 286 / 309 CTR 182 (Bom.)(HC)

S. 148 : Reassessment-Recorded reasons not communicated – Produced before the Tribunal- Reassessment is bad in law. [S. 147]

PCIT v. Ramaiah (2019) 103 taxmann.com 201 / 262 Taxman17 ( Karn) (HC) Editorial : SLP of revenue is dismissed. PCIT v. Ramaiah (2019) 262 Taxman 16 (SC)

S. 80HHD : Convertible foreign exchange –Hotel- Tour operator- Double deduction under Chapter VIA- Entitlement of deduction under diverse provisions in respect of same income- Matter referred to larger Bench. [S. 80IA]

PCIT v. E.I.H. Ltd. (2019) 262 Taxman 6 (SC) Editorial : Refer PCIT v. E.I.H. Ltd. (2019) 103 taxmann.com 203 ( Cal) (HC) / 262 Taxman 7 ( Cal) (HC)

S. 80HHC : Export business–Interest- Business income -Interest charged on delayed payment of sale consideration is assessable as business income.[S. 28(i)]

PCIT v. Atul Ltd. (2019)103 taxmann.com 249 / 262 Taxman 11 (Guj) (HC) Editorial: SLP of revenue is dismissed, PCIT v. Atul Ltd. (2019) 262 Taxman 10 (SC)