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. 147 : Reassessment-After the expiry of four years-Capital gains- Cost of acquisition -In absence of fresh tangible material and in the absence of failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment- Reassessment is held to be in valid. [S. 45, 49, 68, 148]

ACIT v. Dhruv Khaitan (Mum.)(Trib.) ACIT v. Archana Kahitan (Mrs.) ( Mum.)(Trib.)

S. 143(2) : Assessment–Notice–Defective return-On removing the defects in the return with in time permitted relate back to the date of filing of original return -Limitation for issue of notice has to be from the date of filing of original return- Notice issued was held to be in valid. [S. 139(9)]

Atul Projects India Pvt. Ltd. v. UOI ( 2019) 178 DTR 441/ 309 CTR 392 /(2020)422 ITR 478(Bom.)(HC)

S. 80HHE : Export business-Computer software–Eligible business- While computing the deduction turnover of only eligible to be considered and not total turnover of business.

CIT v. Glbal Tele Systems Ltd. (Bom.)(HC) (UR)

S. 54 : Capital gains-Profit on sale of property used for residence-Deduction is available when the construction of flat is completed with in three years from the date of sale of property and not from the date of commencement of construction. [S. 45]

Amritlal B. Sahu v. ITO (Mum.)(Trib.)(UR)

S. 50C : Capital gains-Full value of consideration-Stamp valuation- Sale of inherited residuary right in the property-No transfer of land or building -Provision of S.50C is not applicable-Cost of acquisition to be taken at nil.[S. 45]

Maitri Morarji v. ITO (Mum.) (Trib.) (UR)

S. 49 : Capital gains – Previous owner – Cost of acquisition – Shares received on dissolution of Trust – Period of holding of the previous owner i.e. the Trust to be considered -Sale consideration received on sale of shares has to be assessed as long term capital gains [S. 45, 49(1)(iii)(b), 54F, 68 ]

ACIT v. Dhruv Khaitan ( Mum) (Trib) (UR) ACIT v. Archana Kahitan ( Mrs ) ( Mum) (Trib) (UR )

S. 37(1) : Business expenditure- Capital or revenue -Purchase of software- Held to be revenue expenditure.

CIT v. Global Tele-Systems Ltd ( 2019) 183 DTR 381( Bom) (HC)

S. 272A : Penalty-Failure to file return with in prescribed time period -Penalty provision will attract automatically irrespective income determined in the course of assessment. [S.139(4A), 272(2)(e), 275(1)]

Himalayan Educational Trust v. DCIT (E) (2019) 174 ITD 493 (Chennai)(Trib.)

S. 147 : Reassessment-After the expiry of four years-Two house properties – Annual value -Deemed let out- All relevant facts were brought on record at time of assessment–Reassessment is bad in law. [S. 22, 23(1), 148]

Pankaj Wadhwa v. ITO (2019) 174 ITD 479 (Mum.)(Trib.)

S. 145 : Method of accounting-Cash system-Tax deduction at source-Mismatch of professional receipts appearing in form no 26AS-Credit for tax deduction at source was claimed-Corresponding professional receipts cannot be assessed to tax if such receipts were otherwise not assessable as income for the relevant year. [S. 194A, 194J, 199 R.37BA, form 26AS]

Dhruv Sachdeva v. ACIT (2019) 174 ITD 504 (Delhi)(Trib.)