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. 144C : Reference to dispute resolution panel-Non-Resident-Assessment-Eligible assessee —Order under Section 92CA is not prerequisite in case of Non-resident.[S.92CA]
Abrar Fakirmohmmad Shaikh v. ITO (IT) (2023)108 ITR 127/ 226 TTJ 721 ( Pune) (Trib)
S. 143(3): Assessment-Document Identification Number-Circular making generation and quoting of mandatory —Assessment order invalid and deemed to have never been passed.[S.119]
Rhone Associates P. Ltd. v.ACIT (2023)108 ITR 16 (SN)/(2024) 204 ITD 136 (Delhi) (Trib)
S. 143(3): Assessment-Document Identification Number-Failure to allot and mention in assessment order-Assessment order deemed never to have been passed —Central Board Of Direct Taxes Circular No. 19 Of 2019, Dated 14-8-2019-Order is bad in law-Additional ground is admitted-Order is quashed. [S.153A, 254(1)]
Panna Lal and Co. v. Dy. CIT (2023)108 ITR 46 (SN)(Delhi)(Trib)
S. 143(3): Assessment-Income from undisclosed sources-Documents seized in the course of search-Real estate broker-Addition of peak of transactions reflected in seized material is not sustainable-Estimate of profit of 1 percent of gross receipts is held to be proper. [S. 131, 132, 133(6)]
Asst. CIT v. Pankaj Khandelwala (2023)108 ITR 52 (SN)(Surat) (Trib)
S. 143(3): Assessment-Income from undisclosed sources-Deduction of tax at source-Accounts-Difference between turnover reported in Form 26AS and in return-Directed to reconcile accrual of income during and decide in accordance with law. [S. 5, 145, Form No 26AS]
Acme Telecom and Network Solutions P. Ltd. v. ITO (2023)108 ITR 29 (SN)(Bang) (Trib)
S. 139 : Return of income-Revised return-Original return filed within time-Revised return considered as original return by Centralised processing centre-Denial of loss due to belated filing of return unjustified-No warrant for award of costs under Faceless Regime. [S.139(1) 139(4), 143(1)]
Khadi Grammodhyog Prathisthan v. ACIT (2023)108 ITR 94 /226 TTJ 90 (Jodhpur) (Trib)
S. 115JB : Company-Book profit-Marked-to-market foreign exchange loss incurred on outstanding forward contracts-Unascertained liability and booked artificially-Provision made is reversed in next year-Liable to be added back. [S.37(1)]
Cognizant Technology Solutions India P. Ltd. v. ACIT (2023)108 ITR 24 (SN)(Chennai) (Trib)
S. 115JB : Company-Book profit-Reimbursement of minimum alternative tax liability by customer-Income offered to tax more than minimum alternative tax liability-Method of accounting is accepted in subsequent year-Addition is not justified.[S. 145]
Dy. CIT v. CLP India P. Ltd. (2023) 108 ITR 248 /2024) 228 TTJ 328 / 238 DTR 429 (Ahd)(Trib)
S. 115JB : Company-Book profit-Subsidy-Capital in nature-Not chargeable to tax and not in the nature of income-Cannot form part of book profit.[S. 4]
Chennai Container Terminal P. Ltd v.Dy.CIT(2023) 108 ITR 147 / 154 taxmann.com 68 (Mum)(Trib)
S. 115JB : Company-Book profit-Business of maintenance and distribution of electricity-Bound to maintain accounts according to Electricity Act —Provision of S.115JB is not applicable-Additional ground admitted.[S. 254(1)]
Tata Power Delhi Distribution Ltd. v.Add. CIT (2023)108 ITR 329 (Delhi)(Trib)