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. 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)

S. 115VC : Shipping business-Presumptive Tax-Tonnage Tax-Assessee Part Owner of Qualifying Ship-Entitled to benefit of tonnage tax claimed according to definite and ascertainable share in terms of agreement with other co-Owners. [S. 115VH]

ACIT v. Buhari Holdings Pvt. Ltd. (2022)96 ITR 41 (SN) (Chennai) (Trib)

S. 115JC : Special provisions for payment of tax by certain persons other than a company-Housing project-Does not excludes its application in respect of housing projects approved under section 80IB(1) prior to its insertion-Appeal was dismissed.[S.80IB(1), 800IB(10)]

ACIT v. Vijay Tukaram Raundal (2022) 219 TTJ 641 /218 DTR 129 / (2023) 147 taxmann.com 53 (Pune)(Trib)

S. 115JB : Book profit-Provision for bad and doubtful debts-Added back while computing book profit. [S.115HB(2)]

Piramal Enterprises v. Addl. CIT (2022) 216 TTJ 802 (Mum)(Trib) Editorial: CIT v. Tainwala Chemicals and Plastics India Ltd. [2013] 215 Taxman 153 (Bom.) (HC) distinguished.

S. 115JB : Book profit-Bad and doubtful debts-Required to be added back.

Dy. CIT v. Piramal Enterprises Ltd. (2022) 216 TTJ 802 (Mum)(Trib)

S. 115JB : Book profit-Shipping company-Profits derived by tonnage tax is excluded from book profits.[S. 115VO]

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