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. 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. 68 : Cash credits- Trade creditors- Deletion of addition is held to be justified on facts. [S. 260A]
PCIT v. Rajesh Kumar (2019) 260 Taxman 216 (Delhi)(HC)
S. 45 : Capital gains- Business income- Short term capital gains- Taken delivery of shares and used own funds–Assessable as capital gains and not as business income. [S. 28 (i)]
PCIT v. Business Match Services (I) (P.) Ltd. (2019) 260 Taxman 190 (Bom.)(HC)
S. 40(a)(ia) : Amounts not deductible-Deduction at source Usance interest-Letter of credit discount charges-Merely in nature of reimbursement of cost incurred by suppliers under agreed arrangements and not interest- Not liable to deduct tax at source. [S. 2(28A, 194A]
PCIT v. Plastene India Ltd. (2019) 260 Taxman 197 (Guj.)(HC)