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. 281 : Certain transfers to be void – Failure by Department to bring on record service of notice under Rule 2 — Charge registered by Sub-Registrar six and a half years after sale deed registered in favour of purchaser — Order declaring transfer null and void and notice for auction of property set aside .[ S.179(1) 220, 222 SCH II, RR. 2, 16.]

Rekhadevi Omprakash Dhariwal v. TRO (2018) 406 ITR 368/ 257 Taxman 109 / 304 CTR 430/ 168 DTR 427(Guj) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Writ against notice is not maintainable , except where the Commissioner lacks jurisdiction .[ Art 226 ]

Designmate India P. Ltd v. CIT ( 2018) 406 ITR 443 ( Guj) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Commissioner (Appeals) — Merger- Development expenses –Commission- Orders passed by Assessing Officer was merged with order of CIT(A) – Revision order is held to be not valid

CIT v. H. Nagaraja. (2018) 406 ITR 242 (Karn) (HC)

S. 230 : Collection and recovery – Tax clearance certificate – liability of the assessee was more than Rs. 400 crores.- Insistence on a tax clearance certificate for the assessee to leave the country under the first proviso to sub-section (1A) of S.230 of the Act is valid .

Mailakkattu Varghese Uthup (NO. 1) v. PCIT (2018) 406 ITR 289 / 304 CTR 1000/ 170 DTR 321 (Ker) (HC) Editorial: Order of single judge is affirmed; Mailakkattu Varghese Uthup (NO. 2) v. PCIT (2018) 406 ITR 296/304 CTR 1006 /170 DTR 326 (Ker) (HC)

S. 179 : Private company – Liability of directors -Person treated as Director should be given opportunity to be heard.

Mailakkattu Varghese Uthup (NO. 1) v. PCIT (2018) 406 ITR 289/ 304 CTR 1000/ 172 DTR 321 (Ker) (HC) Editorial: Order of single judge is affirmed; Mailakkattu Varghese Uthup (NO. 2) v. PCIT (2018) 406 ITR 296 /304 CTR 1006 /170 DTR 326(Ker) (HC)

S.147: Reassessment — With in four years- Deduction allowed from Income from other sources in original assessment — No new facts on record — Reassessment to withdraw deduction is not valid .[ S. 56, 57(iii), 148]

Kumar’s Metallurgical Corporation Ltd. v. JCIT ( 2018) 406 ITR 386 (T&AP) (HC)

S.147: Reassessment-After the expiry of four years- Reasons recorded referring to facts already on file of Assessing Officer- —No rational and tangible nexus between reason and belief — Reassessment proceedings quashed.[ S.148 ]

Kanpur Texel (P.) LTD. v. DCIT (2018) 406 ITR 353 (All) (HC)

S.147: Reassessment-After the expiry of four years- Shell companies-Search of third person revealing that transaction disclosed by Assessee during original assessment was bogus — Notice is held to be valid .[ S.148 ]

Sairam Commercial Pvt. Ltd. v. UOI (2018) 406 ITR 281 (All) (HC)

S.68:Cash credits — Authorities entitled to look into surrounding circumstances to find out reality — Unable to state exact purpose for which loan of Rs. 1 Crore taken and stating her husband looked after all finances —No personal or business relationship of assessee with that party — Transaction squared in next financial year would not establish genuineness of transaction — Addition is held to be justified ( Relied , CIT v .Durga Prasad More ( 1971) 82 ITR 540 (SC) / Sumati Dayal v.CIT ( 1995) 214 ITR 801 (SC) ) [ S.131 ]

Seema Jain v. ACIT (2018) 406 ITR 411/ 257 Taxman 380/ 169 DTR 257 / 304 CTR 472(Delhi) (HC)

S. 43D : Public financial institutions – Mercantile system of accounting — Co-Operative Bank — Interest on non-performing assets cannot be recognised on accrual basis — Assessee bound by Reserve Bank of India guidelines.[ S.145]

PCIT v. Sarangpur Co-Operative Bank Ltd. (2018) 406 ITR 302 (Guj) (HC) Editorial: SLP is granted to revenue , PCIT v. Sarangpur Co-Operative Bank Ltd. (2018) 401 ITR 164 ( St)