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. 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. 148 : Reassessment–Merged with another company-Notice issued in name of assessee became invalid and quashed [S. 147].

ACIT v. Dharmnath Shares & Services (P.) Ltd ( 2018) 94 taxmann.com 458 /(2019) 410 ITR 431 ( Guj) (HC) Editorial: SLP of revenue is dismissed, ACIT v. Dharmnath Shares & Services (P.) Ltd. (2019) 260 Taxman 174/ 409 ITR 4 (St) (SC)

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)

S. 40(a)(ia) : Amounts not deductible – Deduction at source – Reimbursement of expenses – Federation of International Hockey for arranging for provisional services connected with event of Hockey World Cup–Not liable to deduct tax at source. [S. 9(1)(i), 195]

PCIT v. Organizing Committee Hero Honda FIH World CUP ( 2018) 100 taxmnn.com 440/ 260 Taxman 180 ( Delhi) (HC) Editorial : SLP of revenue is dismissed, PCIT v. Organizing Committee Hero Honda FIH World CUP. (2019) 260 Taxman 179 (SC)

S. 37(1) : Business expenditure-Consultancy services – Foreign travelling expenditure of representative – Allowable as business expenditure.

PCIT v. Business Match Services (I) (P.) Ltd. (2019) 260 Taxman 190 (Bom.)(HC)

S. 69 : Income from undisclosed sources—Bogus purchases- Purchases were not part of sales shown by the assessee- Bogus purchase for suppressing the profits of the business- Addition is held to be justified.

Shree Krishana Kripa Feeds v. CIT (2019) 410 ITR 533/ 260 Taxman 337/ 307 CTR 220/ 175 DTR 18 (P&H)(HC)

S. 68 : Cash credits—Unsecured loans-Explanation was not satisfactory – Addition is held to be justified.

Shree Krishana Kripa Feeds. v. CIT (2019) 410 ITR 533/ 260 Taxman 337/ 307 CTR 220/ 175 DTR 18 (P&H)(HC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability-Co-Operative bank -Transfer to reserve or provision made in earlier years–Taxable as income. [S. 80P(4)]

Rajasthan State Co-Operative Bank Ltd. v. ACIT (2019) 410 ITR 434 (Raj)(HC) Editorial: SLP is granted to the assessee , Rajasthan State Co-Operative Bank Ltd. v. ACIT ( 2018) 407 ITR 15 (St)