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(3): Assessment – Assessment order without DIN (document identification number ) has not valid in law – Statutory defects in the assessment order cannot be cured by applying the provision of section 292B of the Act Circular No 19 of 2019 dated 14 -8 -209 ( 2019) 416 ITR 140 (St) –Circular of CBDT is binding on the Revenue – Order of Tribunal quashing the assessment order was affirmed . [ S. 144C, 147, 292B ]
CIT ( IT) v. Brandix Mauritius Holdings Ltd. (2023) 456 ITR 34/ 293 Taxman 385 /332 CTR 221/ 224 DTR 361 (Delhi)( HC)
S. 50C : Capital gains – Full value of consideration – Stamp valuation – Compulsory acquisition of a capital asset – Land or building – [S. 2(47), National Highway Act , 1956 ]
PCIT v. Durgapur Projects Ltd ( 2023) BCAJ- May – P. 47 ( Cal)( HC)
S. 45 : Capital gains –Capital asset – Owner – Development agreement – Assessable as capital gains and not as business income .[ S. 28(i) ]
CIT v. Machino Techno Sales Ltd ( 2023) BCAJ -May – P. 47 ( Cal)( HC).
S.37(1): Business expenditure – Prior period expenditure -Crystallised during the year – Allowable as deduction . [ S. 145 ]
PCIT v. Balmer Lawrie & Co. Ltd (2023)) 149 taxmann.com 286 ( Cal)( HC)
S. 148 : Reassessment –Notice – Material for a reason to believe that income has escaped assessment was not supplied – Reassessment notice was quashed [ S.132(4), 147 Art , 226 ]
Micro Marbles Pvt Ltd v .ITO ( 2023) The Chamber’s Journal- March P. 120 ( Raj )( HC)
S. 92C : Transfer pricing – Arm’s length price -Outsourcing its manufacturing activity – Advertisement , marketing and promotion expenses – Transfer pricing adjustment is not justified . [ S. 92B ]
PCIT v. Organon India Pvt Ltd (2023) The Chamber’s Journal – April – P. 133 ( Cal )( HC)
S. 40(a)(ia): Amounts not deductible – Deduction at source – TDS was deducted on provision – Provision was reversed in next year – Parties are not identified – Addition for failure to deduct tax was held to be not justified [ S. 194J ]
Subex Ltd v. DCIT ( 2023) The Chamber’s Journal- March P. 119 ( Karn )( HC)
S. 37(1):Business expenditure – Commission — Person who received commission confirming it by filing return of income — No evidence to show that money paid as commission has come back to assessee — Allowable as deduction .
ACIT v. K. B. Developers (2021) 189 ITD 344 /(2022) 95 ITR 176 / 210 DTR 317 / 216 TTJ 68 (2022) 95 ITR 176 (Kol) ( Trib)
S.147: Reassessment – After the expiry of four years – No failure to disclose material facts – What material facts are not disclosed is not pointed out -Notice and order disposing the objection was quashed. [S.147, 148, Art , 226 ]
Tumkur Minerals Pvt. Ltd. v .JCIT (2023) 330 CTR 177/ 291 Taxman 340 (Bom)( HC)