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-Co-Operative Society-Provision for additional interest paid on compulsory thrift deposit and reinvestment deposit of compulsory thrift deposit-Not allowable as deduction-Additional ground-Deduction under section 80P-Matter remanded to the Assessing Officer. [S. 80P, 254(1)]

LIC Employees Co-Operative Credit Society v. ITO (2022)99 ITR 3 (SN) (Hyd.)(Trib.)

S. 143(3) : Assessment-Business income-Capital gains-90 Per Cent. of profits from transactions disclosed and taxed as business income in hands of other person-Principle of uniformity-Assessee’s share of 10 Per Cent also be taxed as business income [S. 28(i), 45]

Dy. CIT v. Virendrabhai Devjibhai Patel (2022) 99 ITR 29 (SN) (Surat)(Trib)

S. 143(3) : Assessment-Accommodation entry business-Commission on deposits-Estimate of income at 0.5 Per Cent is held to be proper.

Dy. CIT v. Nexus Software Ltd (2022) 99 ITR 45 (SN) (Ahd)(Trib)

S. 143(3) : Assessment-Limited scrutiny to examine “High Ratio Of Refund To Tax Deducted At Source”-Not entitled to examine expenditure which had no relationship with tax deducted at source-All additions are illegal-Capital or revenue-Legal expenses-Revenue in nature-Business promotion expenses allowable as deduction. [S. 37 (1)]

Instel Services Pvt. Ltd. v. Dy. CIT (2022)99 ITR 24 (SN) (Delhi) (Trib)

S. 143(3) : Assessment-Amalgamation-Intimation to Assessing Officer during course of assessment proceedings and prior to passing of draft assessment order and final assessment order Direction of Dispute Resolution Panel to pass final order in name of assessee-Assessing Officer passing assessment order in name of erstwhile company-Assessment order null and void. [S. 144C(13)

Biocon Biologics Ltd. v. Dy. CIT (2022) 99 ITR 7 (SN) (Bang)(Trib)

S. 143(3) : Assessment-Scientific Research expenditure-Weighted deduction-Raising claim by letter in course of assessment proceedings-Matter remanded to Assessing Officer to examine claim in accordance with law after examining evidence furnished in support of claim. [S. 35(2AB)]

Anand Nvh Production Pvt. Ltd. v. JCIT (2022)99 ITR 17 (SN) (Delhi)(Trib)

S. 143(3) : Assessment-Method of accounting-Income from undisclosed sources-Alleged bogus purchases and sales-Accommodation entries-Goods purchased was exported-Deletion of addition by the CIT(A) is affirmed. [S. 131, 145(3)]

ACIT v. Sanjay Kumar Kochar (2022) 219 TTJ 925 / 218 DTR 270 / 100 ITR 195 (Raipur)(Trib)

S. 143(3) : Assessment-Search-On money-Trading data found in the cloud-Settlement commission accepting the application in the assessment of declarant-No evidence of on money received by the assessee-Deletion of addition is held to be justified. [S. 68, 69, 115BBE, 132 (4A), 153C, 245D(4), 292C]

Dy. CIT v. Late Smt. Puspa Goyal Through Legal Munna Lal Goyal (2022) 217 TTJ 65 (UO)(Jaipur) (Trib)

S. 143(3) : Assessment-Mismatch-Books of account not rejected-Books of account and Form No 26AS-Advance receipt of amount-The receipts/sales taken by the assessee as per books override the annual statement (26AS)-Addition made by AO was deleted. [S. 4, 44AB, 145, Form No 26AS]

Sanjay Agrawal v. Dy. CIT (2022) 219 TTJ 239 / 218 DTR 324 (Raipur)(Trib)

S. 143(3) : Assessment-Jurisdiction-The ITO, Ward 1(2), Jabalpur was not having jurisdiction over the case of the assessee notice under s. 143(2) issued by him was invalid-Assessment under s. 143(3) framed by the jurisdictional AO at Bilaspur on the basis of the notice under S 143(2) issued by him after the limitation period cannot be sustained-Order was quashed.[S. 2(7A), 120, 127, 143(2)]

Hari Singh Chandal (Dr.) v. ITO (2022) 220 TTJ 839 / (2023) 221 DTR 338 /102 ITR 541 (Raipur) (Trib)