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. 194J : Deduction at source – Fees for professional or technical services – Since no income was reflected in balance sheet and Profit & Loss account of HSL towards payment made by assessee and it was reimbursement of expenses incurred on cost to cost basis by assessee, it could not be treated as in default .if there is no income embedded in a payment TDS provision would not apply as the TDS is only an alternative method of collection of taxes [S. 201, 201(IA) ]
CIT v. Kalyani Steels Ltd. (2018) 254 Taxman 350/163 DTR 513 /( 2019) 308 CTR 400 (Karn.)(HC )CIT v. Mukund Ltd (2018) 254 Taxman 350/163 DTR 513 /( 2019) 308 CTR 400(Karn.)(HC )
S. 194C : Deduction at source – Contractors – Payment made to production house for programme software purchase , equipment hire etc . whether contract or technical services –Substantial question of law admitted by High Court [ S.194J, 260A ]
CIT v. Zee Entertainment Enterprises Ltd. (2018) 254 Taxman 370 (Bom.)(HC )/Editorial : SLP of revenue is dismissed due to low tax effect CIT v. Zee Entertainment Enterprises Ltd. ( 2020) 269 Taxman 569 (SC)
S. 147 : Reassessment – Cash credits-Accommodation entries -Bogus companies – information from investigation wing -No nexus with reasons recorded for initiating reassessment proceedings – Reassessment was held to be bad in law . [ S.68 , 143(1) ,148 ]
Amar Jewellers Ltd. v. Dy. CIT (2018) 405 ITR 561/ 254 Taxman 384 (Guj.)(HC)
S.147: Reassessment – Cash credits –Information from investigation Wing – Loan from company working as an entry operator and earning bogus funds to provide advances to various persons- Reassessment was held to be valid [ S.143(1) ]
Jayant Security & Finance Ltd. v. ACIT (2018) 254 Taxman 81/165 DTR 60/ 304 CTR 519 (Guj.)(HC)
S.145 : Method of accounting -License fee -Merely on the basis of billing income cannot be assessed unless the income accrues to the assessee -Rule of constancy is followed .[S.5 ]
PCIT v. C.U. Inspections India (P.) Ltd. (2018) 254 Taxman 137 (Bom.)(HC)
S.142(2A): Inquiry before assessment– Special audit–Court cannot go into sufficiency of reasons assigned by assessing authority for directing Special Audit
Habitat Shelters (P.) Ltd. v. PCIT (2018) 254 Taxman 160/ 170 DTR 118 / 305 CTR 279 / (2020) 426 ITR 284 (Karn.)(HC)