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. 253 : Appellate Tribunal-Appeals-Delay of 506 days-Sufficient cause-Not diligent in pursuing issue relating to application-Delay is not condoned. [S.12A, 253(5)]

Sri Ram Mandir Katargam v. CIT (E) (2024)112 ITR 70 (SN)(Surat)(Trib)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Grounds of appeal-Deciding altogether different grounds of appeal which were not there in memorandum of appeal in Form 35 and allowing Appeal of assessee-Order set aside and direction to Commissioner (Appeals) to look into facts and pass an order on merits after giving proper opportunity of hearing. [S.68, 133(6), 246A, Form No. 35]

Asst. CIT v. Deepak Chanderbhan Sudhija (2024)112 ITR 63 (SN)(Mum)(Trib)

S. 154 : Rectification of mistake-Mistake apparent from the record-Depreciation-Additional depreciation-Additional claim-Mismatch to be looked into and rectified after verification-Matter remanded. [S. 32, 143(1)]

Shilp Gravures Ltd. v. Dy. CIT (2024)112 ITR 23 (SN)(Ahd)(Trib)

S. 153C : Assessment-Income of any other person-Search-Pendency of proceedings-Company’s name struck off from Register Of Companies-Assessing Officer had knowledge of name struck off-Order passed in name of non-existent company is not sustainable-Entire proceedings is quashed.[S.153A]

Dy. CIT v. KCJ Buildtech P. Ltd. (2024)112 ITR 36 (SN) (Delhi)(Trib)

S. 147 : Reassessment-Accommodation entries-Share application money and share premium-Re assessment is held to be invalid.[S.68, 148 (2)]

Tulshi Dealtrade P. Ltd. v. ITO (2024)112 ITR 68 (SN)(Kol)(Trib)

S. 145 : Method of accounting-Rejection of books of account-Trader and manufacturer of diamonds-Audit report not disclosing any defect in books of account-Diamond stock piece-wise, colour wise, data wise and carat-wise, and grade-wise held not legally tenable-Maintenance of books of account by assessee in accordance with provision of Act. [S.44AB, 145(3)]

Rajgir Gems LLP v. Asst. CIT (2024)112 ITR 28 (SN)(Mum)(Trib)

S. 145 : Method of accounting-Rejection of books of account-Estimation of profits at 3 Per Cent by the Assessing Officer is affirmed. [S.44AA, 145(3)]

ITO v. BASE Industries Ltd. (2024)112 ITR 56 (SN)(Surat)(Trib)

S. 144C : Reference to dispute resolution panel-Assessment-Eligible assessee-Resident Of Thailand Holding Residency Certificate-Matter remanded to Assessing Officer to pass speaking order duly following directions of Dispute Resolution Panel.[S. 143(3)]

Veeratham Sachdev v. Dy. CIT (IT) (2024)112 ITR 79 (SN)(Delhi)(Trib)

S. 144C : Reference to dispute resolution panel-Limitation-Transfer Pricing Officer to pass order at any time before 60 days prior to limitation-Order is barred by limitation. [S. 92CA(3A), 153]

Diageo India P. Ltd. v. ITO (2024)112 ITR 435 (Mum)(Trib)

S. 144C : Reference to dispute resolution panel-International Transactions-Transfer Pricing-Limitation-Assessment not completed within 21 months from end of Assessment Year plus extension of 12 months for transfer pricing reference-Assessment is barred by limitation-Order is invalid-Draft Assessment order-Eligible assessee-Order is quashed. [S.92CA, 114(15)(b)(ii), 153]

India Medtronic P. Ltd. v. ITO (2024)112 ITR 447 /229 TTJ 257/239 DTR 15 (Mum)(Trib)