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. 144B : Faceless Assessment-Violation of principle of natural justice-Order passed without show cause notice and draft assessment order. Directed to file an affidavit. [S. 143(3), 144B(9), Art. 226]

Rmsi Private Limited v. NFAC(2022) 440 ITR 245/ 285 Taxman 708 (Delhi)(HC)

S. 144B : Faceless Assessment-Violation of principle of natural justice-Request for adjournment to notice and draft assessment order-Neither rejected nor duly intimated-Order was set aside. [S. 143(3), Art. 226]

Magick Woods Exports P. Ltd. v. Add. CIT (2022) 440 ITR 607 (Mad.)(HC)

S. 143(3) : Assessment-Survey-Unexplained investment-Excess stock-Lock-down restrictions owing Covid-19-Unable to produce documents in support of its claim within time granted-Order was set aside. [S. 69, 133A, 142(1), 143(2), Art. 226]

PSR Bankers v. ACIT (2022) 440 ITR 228 (Mad.)(HC)

S. 80IB(10) : Housing projects-Denial of exemption on the ground that in the revised return the claim was withdrawn-Denial of exemption on hyper technicalities is held to be unjustified-Matter remanded to the Assessing Officer. [S.80AC]

Hinduja Land Developments (P.) Ltd. v. ACIT (2022) 440 ITR 135 / 284 Taxman 662/ 213 DTR 164/ 326 CTR 464 (Karn.)(HC)

S. 80IB(10) : Housing projects-Built up area-Proportionate deduction allowable-Project completion method-Entitle deduction on the basis of project completion method adopted by the assessee. [S. 145]

CIT v. Varun Developers (2022) 440 ITR 354 (Karn.)(HC)

S. 80IB(10) : Housing projects-Built-up area-Some units of project conforming to condition-Proportionate deduction allowable.

PCIT v. S. N. Builders and Developers (2022) 440 ITR 351 (Karn.) (HC)

S. 80IA : Industrial undertakings-Eligible business-Deduction to be computed unit-wise and not business as a whole-Manufacture-Processing and marketing of seeds-Raw seeds undergoing various processes-Amounts to manufacture or production of articles or things. [S. 80IA(2), 80IA(5), 80IA(7)]

CIT v. Maharashtra Hybrid Seeds Co. Ltd. (2022) 440 ITR 75/ 212 DTR 84 / 328 CTR 676 (Bom.) (HC)

S. 80HHC : Export business-Income earned from leasing of plant and machinery-Not export turnover-Not eligible deduction. [S. 80HHC (2)(b)(i)]

Goa Carbon Ltd. v. ACIT (2022) 440 ITR 257 (Bom.)(HC)

S. 69 : Unexplained investments-Excess stock during search-Books of account was incomplete-Retraction of statement-Deletion of addition was held to be justified [S. 132, 132(4)]

CIT v. Vishnu Prakash Sharma (2022) 440 ITR 324 (Raj.)(HC)

S. 50B : Capital gains-Slump sale-Depreciable assets-Block of assets-Sale of undertaking-Sale consideration is not liable to be taxed as short term capital gains. [S. 2(11),2(42C) 45, 50]

PCIT v. Akzo Noble India Limited (No. 2) (2022) 440 ITR 190 / 286 Taxman 251 (Cal.)(HC)