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. 239 : Refund–Limitation–Due to inadvertent mistake of Chartered Accountant claim refund of TDS was not made with in limitation period- Delay was condoned–AO is directed to verify the claim and grant refund.[S. 119(2)(b)]
G.V. Infosutions (P.) Ltd. v. v. Dy. CIT (2019) 261 Taxman 482 / 178 DTR 133/ 309 CTR 185(Delhi)(HC)
S. 234B : Interest-Advance tax-Sub-section (2A) to section 234B introduced by the Finance Act, 2015 is not retrospective and would be applicable to all proceedings in which orders are pending and/or in which orders under section 245D(4) are passed on or after 1-6-2015. [S. 234B(2A), 245D(4)]
Orchid Infrastructure Developers (P.) Ltd. v. UOI (2019) 261 Taxman 389/ 178 DTR 145 / 308 CTR 817 (Delhi)(HC)/Ajay Kumar Gupta v. UOI (2019) 308 CTR 817/ 178 DTR 145/ 261 Taxman 389 (Delhi)(HC)
S. 153 : Assessment–Reassessment–Limitation–Revision- Revisionary powers could be exercised by Commissioner in all cases where assessment was made and once he exercised his revisionary powers then provisions of section 153(2A) would be applicable and, limitation would be one year from date of order being passed by Commissioner in revision petition. [S. 153(2A), 153B, 153C, 263]
Param Transport (P.) Ltd. v. PCIT (2019) 102 taxmann.com 327 (Chhattishgarh) (HC) Editorial: SLP of assessee is dismissed, Param Transport (P.) Ltd. v. PCIT (2019) 261 Taxman 346 (SC)
S. 147 : Reassessment–Business expenditure–Capital or revenue- Advertisement and sales promotion- Complete disclosure of all primary material facts on part of assessee in course of assessment- Reassessment proceedings merely on basis of change of opinion was not justified [ S.37(1) , 148]
Asian Paints Ltd. v. Dy. CIT (2019) 261 Taxman 380 /(2024) 466 ITR 262 (Bom.)(HC) Editorial: SLP of revenue is dismissed, Dy.CIT v. Asian Paints Ltd (2020) 269 Taxman 104 (SC)/ Review petition of revenue was dismissed Dy.CIT v. Asian Paints Ltd ( 2020) 277 Taxman 206 (SC)
S. 92C : Transfer pricing-Arm’s length price-Comparable–Merger and Amalgamation had taken place in a company–Cannot be selected for comparable–Securities and stock broker cannot be compared with merchant banker–Interest earned on margin money deposited with AE for broking services for futures and options should be factored in to determine ALP.
PCIT v. J.P.Morgan India (P) Ltd ( 2019) 261 Taxman 404/ 180 DTR 179 ( Bom) (HC)
S. 80IA : Industrial undertakings–Infrastructure development- Captive power-Valuation of electricity provided to another unit should be at rate at which electricity distribution companies were allowed to supply electricity to consumers.
CIT v. Reliance Industries Ltd. (2019) 261 Taxman 358/(2020) 421 ITR 686 (Bom.)(HC) Editorial: SLP is granted to the revenue, CIT v. Reliance Industries Ltd. (2019) 418 ITR 13 (St) (SC)/( 2020) 270 Taxman 19 (SC)
S. 54F : Capital gains-Investment in a residential house-Sale of Booking of flat is not sale of residential property-Entitle for exemption. [S. 2(14), 45]
CIT v. Kalpana Hansraj (2019) 261 Taxman 294 / 307 CTR 797/ 176 DTR 217 (Bom.)(HC)