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.37(1): Business expenditure — Provision for damaged goods -Held to be allowable .

Rasna P. Ltd. v. DCIT (2018) 63 ITR 28 (SN)(Ahd) (Trib)

S.28(i):Business Loss — Soft drinks — Product having limited shelf Life —Non useable or non saleable which was destroyed – Allowable as business loss .

Rasna P. Ltd. v. DCIT (2018)63 ITR 28 (SN)(Ahd) (Trib)

S.28(i): Business loss — Litigation and bona fide dispute about goods at Bangladesh border – Foreseeable Loss — Held to be allowable . [ S.37(1), 145 ]

Rasna P. Ltd. v. DCIT (2018) 63 ITR 28 (SN)(Ahd) (Trib)

S. 54F : Capital gains – Investment in a residential house -Investment in new asset is greater than capital gains -Partly out of sale proceeds and partly with bank Loan —Exemption is available [ S.45 ]

Kayvanbhai Surendrabhai Huttheesingh v. ITO (2018) 63 ITR 17 (SN) (SMC)(Ahd) (Trib)

S. 147 : Reassessment -No tangible material- Reassessment is held to be not valid [ S.148 ]

DCIT v. Sandvik Information Technology AB (2018) 63 ITR 19 (SN)(Pune) (Trib)

S.253: Appellate Tribunal – Tax Effect below prescribed limit -Appeal is not maintainable .

DCIT v. Talwar Mobiles P. Ltd. (2018) 63 ITR 18(SN) (Hyd) (Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Cash credits -Share application money -Details were filed in the original assessment proceedings -AO is not to be expected to discuss each and every item of verification in assessment order- Revision is held to be not justified .[ S.143(3)]

RBS Credit And Financial Development P. Ltd. v. CIT (2018) 63 ITR 20 (SN) (Kol)( Trib)

S. 264 : Commissioner-Revision of other orders–Filed after expiry period of limitation- justified in dismissing the petition. [S. 143(3), 147]

Jindal Metal Co. v. PCIT (2019) 260 Taxman 220/ 176 DTR 299/ 308 CTR 180 (Delhi)(HC)

S. 147 : Reassessment-After the expiry of four years-Interest income – Accrual- No failure to disclose material facts–Reassessment is bad in law. [ S. 5, 148]

PCIT v. State Bank of Saurashtra (2019) 260 Taxman 194 (Bom.)(HC)

S. 148 : Reassessment–Merged with another company-Notice issued in name of assessee became invalid and quashed [S. 147].

ACIT v. Dharmnath Shares & Services (P.) Ltd ( 2018) 94 taxmann.com 458 /(2019) 410 ITR 431 ( Guj) (HC) Editorial: SLP of revenue is dismissed, ACIT v. Dharmnath Shares & Services (P.) Ltd. (2019) 260 Taxman 174/ 409 ITR 4 (St) (SC)