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(3) : Assessment-Search and Seizure-Undisclosed sales-Intelligence Wing of GST-Papers recovered from the residence of ex=President of the assessee company and dealers-Statement used against the assessee-Opportunity of cross examination was not provided-Addition is unjustified. [S. 4, 131, 132]
DSG Papers (P) Ltd. v. ACIT (2022) 219 TTJ 194 / 217 DTR 49 / 99 ITR 241 / 147 taxmann.com 195 (Chd)(Trib)
S. 143(3) : Assessment-Jurisdcition-Notice-Transfer of case-Failure to produce the Circular giving power to transfer of case-Appeal required to be restored to file of Asstt. Commissioner, Rourkela Circle, Rourkela for de novo assessment. [S. 116, 127, 143(2), 144]
Ekalavya career Academy Trust v. ITO (2022) 218 TTJ 762 / 217 DTR 209 / (2023) 146 taxmann.com 414 (Cuttack)(Trib)
S. 143(3) : Assessment-Limited scrutiny-Assessing Officer cannot go beyond grounds on which selected-Business expenditure-Medical Doctor-Payment of commission for referring patients-Not permissible-Expense not allowable. [S. 37(1)]
Sudhir Chadha v. ACIT (2022) 100 ITR 56 (SN) (Delhi)(Trib)
S. 143(3) : Assessment-Search and seizure-Capital work in progress-Loose slips found during search-Neither claiming expenditure nor payment-Addition is deleted-Loan taken in personal capacity-Addition is not valid-Jewellery-Matter remanded. [S. 37(1), 132]
Meet Pal Singh v. ACIT (2022) 99 ITR 496/( 2023) 221 TTJ 7 (UO)) (Chd)(Trib)
S. 143(3) : Assessment-Undisclosed commission Income-Protective addition-Substantive addition confirmed in hands of B group-Protective addition is not unsustainable.
Basant Dharmichand Jain v. Dy. CIT (2022) 99 ITR 16 (Mum)(Trib)
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)