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
Click here to download the pdf versions of the Digest of case laws

S. 144B : Faceless Assessment-Draft assessment order is not passed-Violation of principle of natural justice-Order is quashed and set aside. [Art. 226]

Himgiri Mining & Projects v. NFAC (2024) 336 CTR 113(Guj) (HC)

S. 119 : Central Board of Direct Taxes-Refund-Condonation of delay-Delay in filing of return-PCIT has no power to consider the merits of the refund application and what is required to be considered is the merits of the application for condonation of delay only-Matter is remitted back for reconsideration. [S. 119(2(b), 139, 237, 240, Art. 226]

Best Ready Mix Concrete v. PCIT (2024) 336 CTR 345(Ker.)(HC)

S. 115BBE : Tax on specified income-Determination of tax in certain cases-Reassessment-Limitation-Alternative remedy-Act provides complete machinery for assessment/reassessment of tax and the assessee is not permitted to abandon that machinery to invoke jurisdiction of the High Court under Art. 226 of the Constitution-S. 115BBE cannot be held unconstitutional on the ground that there an apprehension of misuse of the said provision. [S. 68, 148, 148A, 149, Art. 14, 226]

Triveni Enterprises Ltd. v ITO (2024) 336 CTR 348 (Delhi)HC)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Net Margin Method-Advertisement, marketing and promotion expenses-Comparison-Application of BLT tool was wrong-No substantial question of law.[S. 260A]

PCIT v. Sony India (FP) Ltd. (2024) 336 CTR 129 (Delhi)(HC)

S. 80JJAA : Employment of new workmen-Period of 300 days can be taken in to consideration both in the previous and succeeding years-It is not required that workmen work for 300 days in previous year relevant to assessment year-Appeal of assessee is allowed.[S. 260A]

Aquarelle India Ltd. v. Dy. CIT (2023) 157 taxmann.com 244/ (2024) 336 CTR 365 (Karn)(HC)

S. 68 : Cash credits-Agriculturist-Cash deposit in foreign bank in Geneva-Bank account belonged to his nephew residing in U.K-Deletion of addition is affirmed.[S. 69, 260A]

PCIT v. Joginder Singh Chatha (2023)156 taxmann.com 509 / (2024)300 Taxman 603 / 469 ITR 142 /336 CIT 232 (P& H) (HC)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Purchases of amount exceeding Rs. 20, 000, on a single day-Failure to produce bills-Disallowance made by Assessing Officer of 20 per cent of cash payments is affirmed. [R. 6DD, 260A]

Mahendra Prasad Singh v. CIT (2024)160 taxmann.com 233 /336 CTR 118 (Patna) (HC)

S. 4 : Charge of income-tax-Exemption from payment of tax under exemption certificate issued under section 4A of on turnover of sales-Not subsidy-Assessable as revenue receipt. [S. U.P. Trade Tax Act, 1948, S.4A]

CIT v. Birla Corporation Ltd. (2024) 159 taxmann.com 632 / 336 CTR 595 (Calcutta) (HC)

Prohibition of Benami Property Transactions Act, 1988
S. 24(1): Benami Transactions-Attachment of property-Satisfaction of initiating Officer that person in possession of property held benami may alienate property during period specified in notice-No material in possession of initiating officer, to show property held benami is likely to be sold-Attachment order is set aside. [S.2(8), 2(9), 24(3), Art. 226]

Meera Pandey (Smt) v. UOI (2024)465 ITR 366 /164 taxmann.com 188 (All)(HC)

S. 276 : Offences and prosecutions-Wilful attempt to evade tax-Under reporting of income-Search-Settlement Commission-Pending criminal prosecution is not brought to knowledge of Settlement Commission-Immunity against prosecution granted by Settlement Commission without knowledge of pending prosecution-Provisions of Section 245I is not applicable-Prosecution cannot be quashed. [S. 132, 245C, 245H(1), 245-I, 277, Art. 226]

S. S. Hyderabad Biriyani Pvt. Ltd. v.Dy. CIT (Inv) (2024)465 ITR 391/ 160 taxmann.com 417 (Mad)(HC) S. Abdul Samd v. Dy. DIT (Inv) 2024)465 ITR 391/ 160 taxmann.com 417 (Mad)(HC)