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. 143(1) : Assessment-Intimation-credit for deduction of tax at source-Assessing Officer should give an opportunity to file tax credit certificates and consider claim of assessee. [Form No, 26AS]

Mayajaal Entertainment Ltd. v. Dy. CIT (2022)95 ITR 86 (SN)(Chennai) (Trib)

S. 143(1) : Assessment-Intimation-Adjustment made by CPC-disallowance of expenditure-Assessing the Trust as an AOP-Adjustment was directed to be deleted-Application u/s 154 of the Act was allowed.[S. 2(31), 12A, 57, 154, 167B]

Sanatan Dharam Mandir Sabha v. ITO (SMC) (SN) (2022) 95 ITR 64 (Delhi)(Trib)

S. 142A : Estimate of value of assets by Valuation Officer-Fair market value-Property having high rental value in market and huge commercial viability-Circle rate not indicative of market value-Comparable sale instance better indication of realisable value.

Young Indian v. ACIT (E) (2022)95 ITR 33 (SN)/218 TTJ 1 (Delhi)(Trib)

S. 142A : Estimate of value of assets by Valuation Officer-Reference to Department Valuation Officer-Unexplained expenditure-Reference for valuation of agricultural land purchased-Not valid-Commissioner (Appeals)-No power to change section under which Assessing Officer has assessed item of income. [S. 69, 69C 250, 251]

Toffee Agricultural Farms Pvt. Ltd. v. ITO (2022) 95 ITR 74(SN)/ 217 TTJ 850 / 213 DTR 337 / 141 taxmann.com 429 (SMC) (Delhi)(Trib)

S. 142(2A) : Inquiry before assessment-Special audit-Not pointed out any complexity-Reference to special audit, therefore is an invalid reference, contrary to law-Consequently, the assessment order passed in the extended period is barred by limitation and hence void [S. 143(2), 153]

Haryana State Industrial & Infrastructure Development Corpn. Ltd. v. ACIT (2022) 220 TTJ 217 (Chd)(Trib)

S. 133A: Power of survey-Assessment-Income from undisclosed source-Additions made solely on the basis of statement recorded during survey-Additions not justified. [S. 131, 143(3)]

Nitin A. Shah v. Dy. CIT (2022)97 ITR 63 (SN) (Mum) (Trib)

S. 132(4) : Search and seizure-Statement on oath-Tax cannot be charged on notional income-Addition was deleted [S. 153A]

Ajaz Farooqi v. Dy. CIT(2022)95 ITR 188 (Hyd) (Trib)

S. 132 : Search and seizure-Chartered accountant-Illegal search-Excess cash-Evidence can be used against the assessee-Assessee cannot allege search was to be conducted on another person and not him-Cash and balance of gold coins found in excess declared in the return to be added back.[S.69A, 69B, 143(3), 153A]

Sushil Kumar Singhal v. DCIT (2022) 220 TTJ 119/ 218 DTR 297 (Jabalpur) (Trib)

S. 115VD : Shipping business-Qualifying ship-Exemption-Tonnage Tax-Ship not offshore Installation-CIT (A) justified in allowing exemption.

Dy. CIT v. Jagson International Ltd. (2022) 97 ITR 176 (Delhi) (Trib)

S. 115VC : Shipping business-Presumptive tax-Tonnage tax-Core Activity-Income from excess provision written back-To be included in turnover of core activity-Reimbursement from managed vessels-Matter remanded for verification. [S. 115VJ]

Shipping Corporation Of India Ltd. v. Dy CIT(LTU) (2022)96 ITR 32 (SN) (Mum) (Trib)