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. 143(3): Assessment-Rejection of books of account-Business Expenditure-Deduction of tax at source-Failure to substantiate expenditure with documentary evidence-Assessment of income at 12 Per Cent-On total disclosed revenue based on material available on record brought to knowledge of Assessee in notice-Writ petition is dismissed-All contentions of assessee is left open to be raised before Appellate Authority.[S. 40(a)(ia), 144B, 194C, 270A, Art. 226]
Pashupati Road Carrier Pvt. Ltd. v Assessment Unit, ID.(2024)468 ITR 11 (Delhi)(HC) Editorial : SLP of assessee is dismissed, Pashupati Road Carrier Pvt. Ltd. v Assessment Unit, ID.(2024)468 ITR 17 (SC)
S. 143(3): Assessment-Rejection of books of account-Business Expenditure SLP against dismissal of writ petition is dismissed-Clarified that in the event the assessee filed an appeal, the Commissioner (Appeals) shall examine all issues and contentions on the merits without being influenced by any of the observations made by the High Court. [S. 40(a)(ia), 144B, 194C, 270A, Art. 136]
Pashupati Road Carrier Pvt. Ltd. v. Assessment Unit ID (2024)468 ITR 17 (SC) Editorial :Pashupati Road Carrier Pvt. Ltd. v Assessment Unit, ID.(2024)468 ITR 11 (Delhi)(HC)
S. 139 : Return of income-Revised return of income-Bar of limitation-Revised return was filed after expiry of prescribed time-Tribunal directing Assessing Officer to consider Assessee’s claim made in revised return-Order of Tribunal is set aside-Order of Assessing Officer confirmed by Commissioner (Appeals) is restored. [S. 139(5), 143(1)(a), 143(2), 254(1), 260A]
CIT v.Shriram Investments (2024)468 ITR 368 (Mad)(HC) Editorial : Appeal of assessee is dismissed, Shriram Investments v. CIT (2024) 468 ITR 372 (SC)
S. 139 : Return of income-Revised return of income-Bar of limitation-Revised return was filed after expiry of prescribed time-Tribunal directing Assessing Officer to consider Assessee’s claim made in revised return-Order of Tribunal is set aside by the High Court-Order of Assessing Officer confirmed by Commissioner (Appeals) is restored-Appeal of assessee is dismissed. [S. 139(5), 143(1)(a), 143(2), 254(1), Art. 136]
Shriram Investments v.CIT (2024)468 ITR 372 / 167 taxmann.com 139 /301 Taxman 393/ 341 CTR 1/242 DTR 377 (SC) Editorial : CIT v. Shriram Investments (2024) 468 ITR 368 (Mad)(HC), affirmed.
S. 132B : Application of seized or requisitioned assets-Search and seizure-Strictures-Return of seized cash-Inordinate delay in returning seized cash-Clear case of high handedness on the part of the officers of the Revenue-Entitled to interest on amount returned-SLP of Revenue is dismissed.[S. 132, Art. 136]
Jt. CIT v. Vinoda B. Jain (2024) 468 ITR 4 /301 Taxman 237 (SC) Editorial : Vinoda B. Jain v. Jt. CIT (2023) 335 CTR 1079 / 156 taxmann.com 185 / (2024) 462 ITR 58 (Bom.)(HC)
S. 119 : Central Board of Direct Taxes-Circular-Charitable Institution-Failure to file Audit report with return of income-Up loading the audit report was.2.5 years-Condonation must be given liberal interpretation-Commissioner has power to condone delay-The order rejecting the application is quashed and the delay is condoned-The Respondent is directed to pass an appropriate order in accordance with law. [S. 11, 12A, 119(2(b), Form Np 10B, Art. 226]
vShilparamam Arts, Crafts and Cultural Society v. NFAC (2024)468 ITR 315 (Telangana)(HC)
S. 68 : Cash credits-Burden of proof-Onus of proving identity, genuineness of transaction and creditworthiness of investors on assessee-Failure to satisfy required conditions-Order of Tribunal is affirmed. [S. 260A]
Balgopal Merchants Pvt. Ltd. v. PCIT (2024)468 ITR 136/242 DTR 381 (Cal)(HC)
S. 32AB : Investment deposit account-Eligible business-Profits and gains of business-In accounts rental income was shown as business income-Entitle to deduction-Order of Tribunal is set aside. [S. 22,28(1), 32AB(1)(ii), 32AB(3) 260A]
Indian Express Newspapers (Bombay) Ltd. v CIT (2024)468 ITR 778 (Bom)(HC)
S. 12A : Registration-Trust or institution-Application for registration erroneously made while charitable institution continued to be registered-Assessee is permitted to withdraw application filed inadvertently-Interpretation-Precedent-Doctrine of merger-Difference between decision of Supreme Court rejecting appeal by Special Leave and decision decided on appeal. [S.12AA, 12AB, Art.141, 226]
Purandhar Technical Education Society v. CIT (E) (2024)468 ITR 711 / 166 taxmann.com 129/243 DTR 97 (Bom)(HC)
S.10(46):Body or Authority-Specified income-Commercial Activity-Granting loan-Agent of State Government to support to support development activities-Entitled to exemption-The order rejecting exemption under section 10(46) was quashed-The Revenue was directed to process the application for exemption made by the assessee. [S.2(15), 10(20A), 119, Art. 226]
New Okhla Industrial Development Authority v. UOI (2024)468 ITR 195 (Delhi)(HC)