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(1)(a) : Assessment – Intimation – Tax deduction at source – Salary – Tax credit is required to be granted while processing the return u/s 143(1) , even if tax deducted was not paid . [ S. 143(1), 192 , 199, 209, 234B ]
Mukesh Padamchand Sogani v.ACIT (2023) 200 ITD 104 ( Pune )( Trib)
S. 80IA :Industrial undertakings – Form 10CCB not filed with return of income- The filing of form is directory and not mandatory- Disallowance of exemption is not justified [ S. 143(1) ]
Marudhamalai Sri Dhandapani Spinning Mills v. DCIT, ( 2023 ) The Chamber’s Journal – May -2023 P 110 ( Chennai )( Trib)
S. 69B : Amounts of investments not fully disclosed in books of account –Alleged cash payment – Opportunity of cross examination was not provided –Matter remanded – Directed the Assessing Officer to grant an opportunity of cross examination . [ S. 131(1), 148 ]
Manoj Kumar Chandrama Prasad Pande v. ITO (2023) The Chamber’s Journal- May -2023 -P. 108 ( Mum) ( Trib)
S. 69 :Unexplained investments -Survey – Excess stock – Assessable as business income and not as undisclosed investment [ S. 115BBE , 133A ]
Govind Gidomal Lulla v. ITO ( 2023) The Chamber’s Journal – May -2023 -P. 108 ( Mum)( Trib)
S. 68 : Cash credits – Search – Draft agreement found on WhatsApp- Sales consideration as per registered agreement has to be accepted as actual sales consideration – Addition was deleted . [ S. 132 ]
Prakash Gems v .DCIT ( 2023) The Chamber’s Journal -April – P. 141 ( Mum)( Trib)
S. 68 : Cash credits – Cash deposit – Demonetization- Burden is on the Assessing Officer to prove that the explanation offered by the assesee are incorrect – Addition was deleted .
Emgee Integrated Logistics Pvt Ltd v. ACIT ( 2023) The Chamber’s Journal – April P. 140 ( Chennai)( Trib)
S. 68 : Cash credits – Protective assessment – Addition made under Black money Act – Not attained finality – Deletion of addition was affirmed . [S. 143(3), Black Money ( Undisclosed Foreign Income and Assets ) and Imposition Act 2015 , S .10(1), 10(3) ]
DCIT v. Ashok Kumar Singh ( 2023) BCAJ – May- P. 35 ( Delhi)( Trib)
S. 56 : Income from other sources –Agreement value less than stamp valuation – Property purchased – Slum area – Valuation report of valuer was filed – Not referred to valuation Officer -Request to send back the matter to Assessing Officer to refer the matter to DVO was rejected- Addition was deleted [ S. 56(2)(vii))(b) ]
Manohar M.Paliwal v. ITO ( 2023) The Chamber’s Journal – May -P. 107 ( Mum)( Trib)
S. 45(4) : Capital gains – Distribution of capital asset – Dissolution of firm – Additional grounds admitted -Suo motu offering gains – No documentary evidence that land contributed to firm by partners at time of formation of firm withdrawn at time of retirement — Issue requiring investigation — Additional ground cannot be admitted- Delay in filing appeal was condoned . [ S. 254(1) ]
ACIT v. K. B. Developers ( 2021) 189 ITD 344/ (2022) 95 ITR 176 / 216 TTJ 176/ 210 DTR 317 (Kol) ( Trib)