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-Monetary limits-Low tax effect-Appeal of Revenue is dismissed.[S. 253 (2)]

ACIT v. Umesh Kumar Arora (2023)103 ITR 46 (Delhi) (Trib)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Commissioner (Appeals) directing Assessing Officer to verify and allow claim-Not tantamount to setting aside or remanding matter to Assessing Officer-No violation-Order is up held-Other issues matter is remanded to the Assessing Officer. [S.54F, 69, 251 (1)(a)]

ACIT v. Justice N. Kannadasan (2023)103 ITR 590/223 TTJ 331/ 223 DTR 329 (Chennai) (Trib)

S. 153A: Assessment-Search-Credit card payments-Unexplained investments-No incriminating material found in search-Deletion of addition by CIT(A) is affirmed-Income of any other person-Presumption as to books of account and articles or things could not be extended to material of different person.[S.69, 132, 132(4A), 153C]

ACIT v.Atul Kumar Gupta (2023)103 ITR 13 /225 TTJ 431/ 152 taxmann.com 99 (Delhi)(Trib) ACIT v. Rajiv Gupta (2023)103 ITR 13 /225 TTJ 431// 152 taxmann.com 99 (Delhi)(Trib)

S. 145 : Method of accounting-Rejection-No specific defect in books of account-Rejection is not justified-Re payment of sundry creditors in next year-Addition is not justified.[S. 68, 145(3)]

ACIT v. Salya India P. Ltd. (2023)103 ITR 81 (Surat)(Trib)

S. 145 : Method of accounting-Rejection of books-Books not updated as on date of survey and discrepancies between stocks and cash physically found-Rejection is proper-Sale of jewellery-Cash received-Genuineness of transaction not proved-Addition is affirmed-Levy of interest is mandatory. [S.68,133A, 234B, 234C]

Neeraj Agrawal v. Dy. CIT (2023)103 ITR 398 / 152 taxmann.com 632 (All)(Trib)

S. 145 : Method of accounting-Rejection of books of account-Without identifying any specific lacuna rejection of books of account is unjustified-Cash credits-Survey-Cash sales-Deposited in to bank-No Discrepancies found in stocks and purchases-Addition based solely on statement of third party-Opportunity for cross-examination not granted-Addition is deleted.[S. 68, 133A, 145(3)]

Ganesh Rice Mills v. Dy. CIT (2023)103 ITR 627 / 152 taxmann.com 492 (Amritsar) (Trib)

S. 144C : Reference to dispute resolution panel-Assessing Officer passing final assessment order before Transfer Pricing Officer gave effect to directions of Dispute Resolution Panel-Final assessment order rectified on application of assessee after Transfer Pricing Officer gave effect to directions-Rectified final assessment order deemed to be within limitation-Final assessment order is valid. [S. 144C(13), 154]

Teejay India P. Ltd. v. Dy. CIT (2023)103 ITR 52 (Vishakha) (Trib)

S. 143(3): Assessment-Accommodation entries-Bogus purchases-Sales accepted-Only profit element embedded in alleged bogus purchases can be added and not value of purchase.[S. 5]

Welspun Steel Ltd. v. Dy. CIT (2023)103 ITR 354 / 152 taxmann.com 62 (Mum) (Trib)

S. 143(3): Assessment-Jurisdiction-Central Board of Direct Taxes, by its Instruction No. 1 of 2011, dated January 31, 2011-Monetary limits-Vest with ITO-Notice under section 143(2) is issued by the Deputy Commissioner is not valid-Assessment is quashed. [S.119,120, 143(2)]

Durga Manikanta Traders v. ITO (2023)103 ITR 220 (Raipur)(Trib)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Functionally different-Comparable to be excluded-Paying Technical support service fees to Associated Enterprise-Matter remanded–External commercial borrowings-Adopting Arm’s Length interest rate as per Master Circular of Reserve Bank of India-Transfer Pricing Officer adopting rate based on Libor-Adjustment upheld-Interest cost-Interest On Overdue Receivables from Associated Enterprises-Receivables constitute international transactions-Transactional Net Margin Method-Net Margin computed would consider interest cost-Addition is deleted-Expenses reimbursed-Addition upheld in absence of evidence. [S.92CD]

Teejay India P. Ltd. v. Dy. CIT (2023)103 ITR 52 (Vishakha) (Trib)