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. 261 : Appeal – Supreme Court -Adjournment -An adjournment cannot be sought on the ground that Counsel is out of station-Opportunity was given to the counsel to argue the matter, however he could not argue the matter – The appeal was dismissed for non-prosecution-Court also observed that under no circumstances, application for restoration shall be entertained.

Ram Siromani Tripathi v. State of U.P.(SC),www.itatonline.org

S. 68: Cash credits- Share capital – In the case of a Private company, onus is on assessee to prove identity, creditworthiness of subscribers and most importantly genuineness of transactions- Even if AO does not make inquiry, CIT(A) should do so-Relief cannot be given merely on basis of Ration Card, Share Application forms, Voter ID etc of the subscribers -Matter was set aside to AO to decide according to the law . [ S.131 ]

ITO v. Yadu Steels & Power Pvt. Ltd. (Delhi)(Trib), www.itatonline.org

S. 68: Cash credits- Share capital- Share premium- Bogus share capital in form of accommodation entries- Directors were working as peons, receptionists etc, who have admitted that they have signed the documents as per direction of Mr Tarun Goyal- Details were filed ,however they have been not produced before the AO for examination- Deletion of addition by the Tribunal is held to be not justified .[ S.133(6) ]

PCIT v. NDR Promoters Pvt. Ltd ( 2019) 410 ITR 379 / 175 DTR 30 /261 Taxman 270/ 307 CTR 281 (Delhi)(HC),www.itatonline.org.Editorial: SLP of assessee is dismissed , NDR Promoters (P.) Ltd. v. PCIT (2019) 266 Taxman 93 / 418 ITR 10 (St) (SC)

S. 263: Commissioner – Revision of orders prejudicial to revenue – Depreciation on tenancy rights – Allowed in original assessment – Legally permissible view – Revision and disallowance by PCIT – Mere change in opinion – Revision is bad in law. [S. 32(1)(ii)]

Marie Gold Realtors Pvt. Ltd v. PCIT (Mum) (Trib) (UR)

S. 271(1) (c ): Penalty –Concealment – Charge is not specified – Inaccurate particulars of income – Levy of penalty on concealing particulars of income-Levy of penalty is held to be void ab initio- Explanation 5A . [S.153C, 274 ]

Kesar Realty Pvt Ltd v. DCIT (Mum) (Trib) (UR) Kesar Housing and Development Co v .DCIT (Mum)(Trib) (UR).

S. 264 : Commissioner-Revision of other orders–Claim was not made in the return-Employees’ contribution of Provident Fund were made before due date of filing of return-Dismissal of the revision petition by the Commissioner is held to be not justified – Commissioner is directed to decide the petition in accordance with law. [S.36(1)(va), 139, 143(1) ]

Geekay Security Services (P) Ltd. v. Dy. CIT (2019) 306 CTR 277 / 173 DTR 164 / 261 Taxman 152 (Bom.)(HC)

S. 244A : Refunds–Interest on refunds-Project competition method -Tax deduction at source–Tax deducted earlier years on the basis of payment- Income was shown in the year of completion of project – Assessment resulting to refunds- Entitle to interest from the date of payment to Govt. [S. 199]

PCIT v. Kumagai Shanska HCCITOCHU Group ( 2019) 261 Taxman 469/ 180 DTR 126/ 311 CTR 838 (Bom.)(HC)

S. 153A : Assessment–Search-No search in the premises of the firm –Writ to quash the notice is held to be not maintainable-Assesee has alternative remedy to purse the remedy available under the Act. [S. 124, 132(1), Art. 226]

Bansilal B. Raisoni & Sons v. ACIT (2019) 306 CTR 166 / 173 DTR 68/ 260 Taxman 281 (Bom.)(HC)

S. 147 : Reassessment-Non-existent reason-Indexation cost was raised in the recorded reason–Court cannot allow the AO to improve upon the reasons in order to support the notice of reassessment- Execution of sale deed by virtue of the judgement of the High Court would relate back to the original agreement to sale, and the assessee is entitle to claim the benefit of cost of indexation from the said date. [S. 2(47), 45, 48, 148]

Amarjeet Thapar v. ITO (2019) 173 DTR 305 /261 Taxman 23 / 306 CTR 325/ 411 ITR 626(Bom.)(HC)

S. 147 : Reassessment-Identical issue is pending before CIT (A) for the AY. 2015 -16- Writ is held to be not maintainable. [S. 80G,115BBC, 148 Art. 226]

Shri Saibaba Sansthan Trust (Shirdi) v. UOI (2019) 173 DTR 257 / 306 CTR 620(Bom.)(HC)