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. 144 : Best judgment assessment – Low net profit – Tribunal remanded the matter for re examination- No question of law .[ S.260A ]

Cheil India Pvt. Ltd. v. CIT (2018) 407 ITR 304 (Delhi) (HC)

S. 132(4) : Search and seizure – Statement on oath –Block assessment -Declaration after search has no evidentiary value — Additions cannot be made on basis of such declaration. [ S. 158BC ]

CIT v. Shankarlal Bhagwatiprasad Jalan. (2018) 407 ITR 152 (Bom) (HC) Editorial: SLP of revenue is dismissed , CIT v. Shankarlal Bhagwatiprasad Jalan. (2018) 405 ITR 14 (St)

S. 80IA :Industrial undertakings – Prior to assessment Year 1999-2000 benefit under Section 80IA is available without exclusion of deduction Under S.80HHC –Sub –section (9a) with effect from 1-4-1999 is prospective-Circulars binding on revenue -Liberal interpretation — Retrospective operation of provisions. [ S.80HHC, 119 ]

Indian Gum Industries Ltd. v. JCIT (2018) 407 ITR 261 / 169 DTR 393/ 304 CTR 877 (Bom) (HC)

S.68: Cash credits —Evidence of loan and creditworthiness of lenders were furnished –Amount not assessable as cash credits.

Pendurthi Chandrasekhar v. DCIT ( 2018) 407 ITR 179/ (2019) 175 DTR 73 / 307 CTR 249(T&AP) (HC)

S. 56 : Income from other sources –Gifts from relatives-Maternal aunt- Gift need not be on a particular occasion-Addition cannot be made as income from other sources [ S.56 (2)(v)68 ]

Pendurthi Chandrasekhar v. DCIT ( 2018) 407 ITR 179 / ( 2019) 175 DTR 73/ 307 CTR 249 (T&AP) (HC)

S. 43B : Certain deductions on actual payment -Excise duty — Unutilised modvat credit of earlier years, which is adjusted in current Assessment Year, cannot be treated as actual payment. Customs duty and sales tax of earlier years is allowable as deductions.[ S.145A ]

CIT v. Maruti Udyog Ltd. (2018) 407 ITR 159 /( 2019) 308 CTR 682(Delhi) (HC)

S. 40(a)(i) : Amounts not deductible – Deduction at source -Non-resident-Operated outside India- Not liable to deduct tax at source. [S.195]

CIT v. Maruti Suzuki India Ltd. (2018) 407 ITR 165 (Delhi) (HC)

S.32: Depreciation — Actual cost —Customs duty paid could be capitalised with retrospective effect and depreciation was to be calculated by including the said amount.[ S.43(1)]

CIT v. Maruti Udyog Ltd. (2018) 407 ITR 159 /( 2019) 308 CTR 682(Delhi) (HC)

S. 14A : Disallowance of expenditure – Exempt income – Sufficient funds- Onus is on department to establish nexus between expenditure disallowed and earning of interest income —Deletion of disallowance is held to be justified . [ R.8D ]

CIT v. Maruti Udyog Ltd. (2018) 407 ITR 159 /( 2019) 308 CTR 682(Delhi) (HC)

S. 10 (23C):Educational institution-Notice issued by authority other than prescribed authority — Order withdrawing approval is held to be invalid.[ S. 10( 23C) (vi),11(5), 13 ]

CIT v. Modern School Society. (2018) 407 ITR 228 /99 Taxmann.com 379 (Raj) (HC) Editorial: SLP of revenue is dismissed CIT v. Modern School Society ( 2020) 270 Taxman 190/ 114 taxmann.com 587 (SC)