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. 263 : Commissioner – Revision of orders prejudicial to revenue –
The AO had examined entire records and there was nothing erroneous in his order, therefore revision order of commissioner was not valid.

CIT v. Metro And Metro. (2018) 404 ITR 304 (All) (HC)

S. 254(1) : Appellate Tribunal- Powers- When the Supreme Court stayed the appeals before High Court on issue raised before Tribunal, the Tribunal is justified in not hearing the appeal . [ S.80IB(9)]

Vedanta Ltd. v. ITAT (2018) 404 ITR 214/ 169 DTR 441/ 305 CTR 220 (Guj) (HC)

S. 158BC : Block assessment – Estimation of undisclosed income was held to be justified — Expenses during Block Period could not be set off against undisclosed income

Madhurapuri Chits And Finance Co. Pvt. Ltd. v. DCIT (2018) 404 ITR 222 (Ker) (HC)

S.147: Reassessment — Accommodation entries -Non application of mind -Merely on the basis of DIT(Inv.) without verification , reassessment is held to be bad in law [ S.148 ]

CIT v. SNG Developers Ltd. (2018) 404 ITR 312 (Delhi) (HC)

S. 143(2) : Assessment – Notice – One return is filed pursuant to notice issued u/s 148 , issue of notice u/s 143(2) is mandatory .[ S. 139,144, 148 ]

CIT v. Staunch Marketing Pvt. Ltd. (2018) 404 ITR 299 (Delhi) (HC)

S. 80HHC : Export business -Income from job working of machining -Income to be considered as business income.

CIT v. Rambal P. Ltd. (2018) 404 ITR 307 (Mad) (HC)

S. 68:Cash credits — Source of cash deposit was not explained satisfactorily-Addition was held to be justified .

Ravi Mallick, prop. of Sunkraft designs v. DCIT (2018) 404 ITR 250 (P&H) (HC)

S.68:Cash credits — Burden of proof — Mere confirmation is not sufficient, identity , creditworthiness and genuineness was not proved – Addition was held to be justified .

Ram Baboo Agrawal v. CIT (2018) 404 ITR 198 (All) (HC)

S. 45(2) : Capital gains – Conversion of a capital asset in to stock-in-trade -Capital gains to be computed on sale up to date of conversion of Land into stock- in-trade and profit on sale of stock in trade to be assessed as business income or loss. Capital gains to be set off against business loss [ S.28(i) ]

CIT v. Essorpe Mills Ltd. (2018) 404 ITR 323 (Mad) (HC)

S.40(a)(ia):Amounts not deductible – Deduction at source – Professional fees – Failure to deduct tax at source – Disallowance was held to be justified .

Ravi Mallick, prop. of Sunkraft designs v. DCIT (2018) 404 ITR 250 (P&H) (HC)