S. 127 : Transfer of case-No show cause notice was issued-Matter remanded to Commissioner for passing speaking order after affording opportunity of hearing.[S. 148, 148A(d), Art, 226]
Nouvelle Advisory Services (P.) Ltd. v. ACIT (2023) 291 Taxman 583 / 331 CTR 235/ 223 DTR 145 (Cal)(HC) Editorial: Order of single judge is modified,Order of single judge is modified , Nouvelle Advisory Services (P.) Ltd. v. ACIT (2023) 331 CTR 239/ 223 DTR 449( Cal )( HC) W.P.A. No. 25453 of 2022 dt.24-11-2022.
Digest of case laws
Online digest of latest case laws
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. 119: Central Board of Direct Taxes-Application for condonation-Return-Bonafide reasons-Delay in filing of return was condoned-Allowed to file the return within specified time. [S.119(2b), 139(1), Art. 226]
Combined Tracom (P.) Ltd. v. UOI (2023) 291 Taxman 9 (Karn)(HC)S. 92B : Transfer pricing-Corporate guarantee-Overseas Associated Enterprises-Matter remanded by the Tribunal-Amendment made to provisions of section 92B, by the Finance Act,2012 with retrospective effect from 1-4-2002-Order of High Court which affirmed the order of tribunal is affirmed-SLP of the assessee is dismissed [S.92C, Art. 136]
Jubilant Pharmova Ltd v. Add.CIT (2023) 291 Taxman 439 (SC) Jubilant Pharmova Ltd v. Add.CIT (2023)458 ITR 172 / 291 Taxman 527 (SC) Editorial: Refer Jubilant Pharmova Ltd v. Add.CIT (2023) 146 taxmann.com 319 (All)(HC). Jubilant Pharmova Ltd v. Add.CIT (2023) 146 taxmann.com 222 /458 ITR 170 (All)(HC).S. 89 : Relief for income-tax-Arrears or advance of salary-Order of High Court decision was not available when the order was passed-Order of High Court was available subsequently-Entitle for the relief.[.S.10(10C), 264, Art, 226]
N.S.R Murthy v. CIT (2023) 291 Taxman 580 / 333 CTR 869(Telangana) (HC)S. 80IB(10) : Housing projects-Approved plan of Municipal Authority-All flats were having built up area of less than 1000 square feet-Completion certificate was issued by competent Authority-Order of Tribunal allowing the deduction was affirmed. [S. 80IB(10), 260A]
PCIT v. Vardhan Builders (2022) 291 Taxman 450/(2023) 456 ITR 310 (Bom.)(HC)Editorial : SLP dismissed ( 2023) PCIT v. Vardhan Builders ( 2023 256 taxmann.com. 364 ( SC)S. 69A : Unexplained money-Failure to produce books of account-Justified in making addition.[S.133(6), 145]
Dhansukhlal Jekisondas (HUF) v. ITO (2023) 456 ITR 650/291 Taxman 486 (Guj) (HC)S. 68 : Cash credits-Search-No cash was found-Memorandum of understanding (MoU)-Statement under section 131-Deletion of addition by the Appellate Tribunal was affirmed.[S. 131 132]
PCIT v. Trilok Chand Choudhary (2023) 291 Taxman 462 (Delhi)(HC)S. 68 : Cash credits-Proved the identity, creditworthiness and genuineness of the transactions-Deletion of addition is justified. [S. 260A]
PCIT v. Enrich Agro Food Products (P.) Ltd. (2023) 455 ITR 664 /291 Taxman 606 (Delhi)(HC)S. 54G : Capital gains-Shifting of industrial undertaking from urban area-Sale of an industrial plot in Bengaluru-Urban area-Entitle for the benefit.[S. 45 280Y(d)]
Fabsun Engineering (P.) Ltd. v. ITO (2022) 291 Taxman 478 (Karn)(HC) Editorial: Section 280Y, omitted by the Finance Act, 1990, w.e.f 1-4-1990.S. 43D : Public financial institutions-Amendment by the Finance Act, 2017-Interest on sticky loans-Taxable on receipt basis and not on accrual basis. [S. 145]
PCIT v. Kangra Central Co-op Bank Ltd.(2023) 291 Taxman 566 /330 CTR 133/ 221 DTR 1(HP)(HC)