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-Report of investigation Wing- Accommodation entries–Assessment u/s.143(1)-Notice for reassessment is valid. [S. 143(1), 148]
Avirat Star Homes Venture (P) Ltd. v. ITO (2019) 411 ITR 321 / 173 DTR 207 / 261 Taxman 184/(2020) 313 CTR 728(Bom.)(HC)
S. 143(3) : Assessment-Jurisdiction-When the Commissioner requires the Assessing Officer to carry out inquiries with respect to specific issues, the jurisdiction of the Assessing Officer to pass fresh order must be confined to such issues only. [S. 263]
PCIT v. Royal Western India Turf Club Ltd. ( 2019) 175 DTR 285 / 308 CTR 38/ 103 taxmann.com 13 (Bom) (HC) Editorial: SLP of revenue is dismissed on account of low tax effect ,PCIT v. Royal Western India Turf Club Ltd ( 2020) 268 Taxman 389 (SC)
S. 142(2A) : Inquiry before assessment–Special audit–Audit report was provided to the assessee-AO shall allow the assessee to raise the objections to the said report and decide according to law – All issues are kept open. [S. 143(3)]
Multi Commodity Exchange of India Ltd v. Dy. CIT( 2018) 171 DTR 289/ ( 2019) 306 CTR 245 (Bom.)(HC)/Editorial:SLP of Revenue , dismissed . Dy. CIT v. Multi Commodity Exchange of India Ltd. (2023) 456 ITR 772 / 295 Taxman 318 (SC)
S. 92C : Transfer pricing–Release of money in favour of Associated Enterprise with a specific purpose of acquisition of distributorship of the films from Citi Gate Trade FZE is not a case of either financing or lending or advancing of any moneys- Not International Transaction did not result in to diversion of income of the assessee to the Associated Enterprise. [S. 92, 92B, 92D, 92E]
PCIT v. KSS Ltd( 2018) 172 DTR 441/. (2019) 306 CTR 172 (Bom.) (HC)
S. 80IB : Industrial undertaking-Business of manufacturing Menthol-Profit from hedging–Hedging activity of Mentha Oil has direct nexus with the manufacturing activity and profit derived from hedging is eligible for deduction.
PCIT v. Jindal Drugs Ltd. (2019) 306 CTR 241/ 173 DTR 345 (Bom.)(HC)
S. 80DD : Medical treatment of dependent–Disability–Observations-Jeevan Aadhar-Amount of annuity under the policy is to be released only after the death of the person assured -Purpose is to secure the future of the person suffering from disability , after the death of the parent / guardian–Provision is valid in law -Considering the several difficult situations where the handicapped person may need the payment on annuity or lumpsum basis even during the life time of their parents / guardians, it is for the legislature to take care of theses aspects and to provide suitable provision by making necessary amendments in S.80DD. [Art. 14]
Ravi Agarwal v. UOI (2019) 410 ITR 399/173 DTR 194 / 306 CTR 177/ 260 Taxman 352( SC)
S. 43D : Public financial institutions-Co-Operative Bank–Non performing assets (NPA)-Accrual of interest income- Provision is applicable to Co -Operative Societies–Amount transferred to overdue interest Reserve (OIR) by debiting the interest received in profit and loss account, cannot be assessed on accrual basis. [S. 145]
PCIT v. Solapur District Central Co -Op. Bank Ltd.( 2019) 261 Taxman 476 (2020) 428 ITR 306 (Bom.)(HC)/PCIT v. Laxmi Co-Operative Bank Ltd. ( 2019) 261 Taxman 476 / (2020) 428 ITR 306 (Bom)(HC)
S. 37(1) : Business expenditure-Amortized premium on investment in govt .Securities held under category “Held to Maturity”) (HTM) is held to be revenue expenditure.
PCIT v. Laxmi Co -Operative Bank Ltd. (Bom.)(HC) (UR )
S. 10(23C) : Educational institution- Exemption cannot be denied on the ground that in isolated case few institutions run by the Trust may not fulfil the requirements. [S. 10 (23C)(iiiab)]
CIT(E) v. Deccan Education Society ( 2019)173 DTR 323 / 306 CTR 525(Bom.) (HC)
Income Declaration Scheme 2016 (IDS) -Finance Act , 2016 ( 2016) 381 ITR 134 (St) (S. 178 to 196) , ( 2016) 384 ITR 165 (St)- ( Refer AIFTPJ. July 2016 )
S.195: Power to remove difficulties- Not depositing the first instalment with in time – Board refusing to condonation of delay – Concession and excess indulgence would demotivating effect on honest taxpayers making regular and prompt tax deposit -Dismissal of application is held to be justified [ S.184, ITA, S.119 Art.14 ]
Sadhana R.Jain v CBDT ( 2019) 174 DTR 385/ 307 CTR 207 / 103 taxmann.com 70 (Bom) (HC) Editorial order of High Court set aside , Sadhana R. Jain v. CBDT (2022) 287 Taxman 562 (SC)