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. 271(1)(c) : Penalty -Concealment – Specific charge – Notice did not categorically specify whether penalty was invoked for concealment of income or furnishing inaccurate particulars – Levy of penalty is held to be not justified.
ACIT v. Uttar Bihar Gramin Bank (2018) 67 ITR 152 (Patna)(Trib.)
S. 271AAA : Penalty-Search initiated on or after 1st June, 2007– Penalty–Source of investment is explained and taxes not paid -Levy of penalty is held to be justified.[S. 132(4)]
ACIT v. Shailesh Gopal Mhaske (2017) 192 TTJ 559 (Pune)(Trib.)
S. 254(1) : Appellate Tribunal- Delay-Failure by assessee to appear before court despite several notices-Appeal liable to be dismissed for non-prosecution. [Limitation Act, 1963, S.3]
Neo sack Ltd. v. ACIT (2018) 67 ITR 389 (Indore)(Trib.)
S. 194I : Deduction of tax at source—Rent-Internet connectivity charges and specialized line rental — Not liable to deduct tax at source.[S.9(1)(vi), 201(1), 201(1A)]
ACIT v. Shri SDV International Logistics Ltd. (2018) 68 ITR 35 (SN) (Kol.)(Trib.)
S. 147 : Reassessment-Share capital-Cash credits-Accommodation entries-No specific evidence–Reassessment is held to be in valid. [S.68, 148]
ACIT v. KMS Associates P. Ltd. (2018) 67 ITR 245 (SMC) (Delhi) (Trib.)
S. 153C : Assessment-Income of any other person–Search-Satisfaction note recorded by the AO of assessee was not by the AO of person in respect of whom search was conducted–Seized document not relevant to assessment year-Notice is void ab initio and vitiates entire assessment proceedings. [S. 132]
ACIT v. Surbhi Sen Jindal (2018) 68 ITR 12 (SN) (Patna)(Trib.)
S. 153A : Assessment–Search-Real estate business-Suppression of turnover – Future sales on unsold plots on date of search cannot be brought to tax – No incriminating materials found during search- Assessment is not valid.[S. 132]
Sri Sri Gruhanirman India Pvt. Ltd. v. ACIT (2018) 67 ITR 178 (Hyd.)(Trib.)
S. 115JB : Book profit-Computation under clause (f) of explanation 1 to section 115JB is to be made without resorting to computation as contemplated u/s. 14A of the Act- Only those investments are to be considered for computing average value of investment which yielded exempt income during the year- Matter remanded. [S. 10(35),14A, R.8D]
Tata Petrodyne Ltd. v. ACIT (2018) 68 ITR 38 /( 2019) 197 TTJ 951/ 176 DTR 313(Mum.)(Trib.)
S. 80IA : Industrial undertakings–Infrastructure development- Interest, penal interest and miscellaneous income which cannot be separated from the business activity of developing, maintaining and operating industrial parks/ SEZ units are eligible for deduction
Rajasthan State Industrial Development & Investment Corporation Ltd v. DCIT (2018) 195 TTJ 35 (Jaipur)(Trib.)
S. 73 : Losses in speculation business -Loss in investment in shares- Not engaged in business of trading in shares -Explanation to S.73 is not applicable -loss is allowable. [S. 45]
ACIT v. R. J. Corp Ltd. (2018) 67 ITR 339 (Delhi)(Trib.)