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. 2(15) : Charitable purpose-General public utility-Publishing newspapers -Receipts more than 10 lakhs -Matter remanded for verification. [S. 11, 12A]

Media Research Users Council v. ACIT [2024] 205 ITD 170 (Mum)(Trib)

S. 254(1) : Appellate Tribunal-Powers Death of the assessee during pendency of appeal-Tribunal has the power to decide the appeal on the relevant material-Revenue has not brought on record the details of legal Representative for more than 18 months-Tribunal decided the appeal on merits. [S. 45, 254(1), ITAT R.1963, R.26]

ITO v. Bejoy Kumar Chirimar (2023) 103 ITR 1(SN)(Kol)(Trib)

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)