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. 154 : Rectification of mistake-Mistake apparent from the record-Income from house property-Discrepancy in receipts as shown in 26AS-Service tax-Reconciled by assessee with sufficient evidence adduced before revenue and this resulted in higher amount being shown in Form 26AS, additions made for difference was to be deleted. [S. 22, 143(1)]

Taraben Jayantilal Patel (Smt.) v. DCIT (2022) 197 ITD 755 (Ahd.)(Trib.)

S. 154 : Rectification of mistake-Mistake apparent from the record-Refunds-Interest-No adjudication by Chief Commissioner / Commissioner-Additional ground-Denial of interest by passing rectification order is held to be not valid. [S. 244A (2)]

Grasim Industries Ltd. v. DCIT (2022) 197 ITD 542 / 99 ITR 69 (SN)/ 220 TTJ 273/ 219 DTR 169 (Mum.) (Trib.)

S. 154 : Rectification of mistake-Mistake apparent from the record -Property held for charitable purposes-Failure to file Form No 10 along with return of income-Form was filed before the Assessing authority before completion of assessment-Eligible for exemption-Rejection of rectification application was not valid. [S. 11(2)(c), 143(1), 154, R. 17, Form No. 10]

Shree Harsaniji Public Charitable Trust v. ITO (2022) 197 ITD 16 (Ahd.)(Trib.)

S. 154 : Rectification of mistake-Mistake apparent from the record-Industrial undertakings-Failure to audit report-Audit report in Form 10CCB was up loaded on receipt of intimation u/s 143(1)-The Assessing Officer is directed to grant the relief. [S. 80IA, 143(1), Form-10BBC]

Satish Cold Storage v. DCIT (2022) 97 ITR 601 / 197 ITD 41 (Lucknow)(Trib.)

S. 148 : Reassessment-Notice-Time limit for issuance of notice under section 143(2) has not expired-Notice for reassessment can be issued, [S. 139, 143(2), 143(3), 147]

DCIT v. C. Gangadhara Murthy (2022) 197 ITD 80 (Bang.)(Trib.)

S. 145 : Method of accounting-Discrepancy in receipts as shown in 26AS-Estimation of income-Contractor-Without pointing out any defects in the books of account merely on the basis of discrepancy in in receipts as shown in 26AS and books of account addition cannot be made. [S. 68, 133(6), Form 26AS]

Shri Jeen Mata Buildcon (P.) Ltd. v. ITO (2022) 97 ITR 706 / 197 ITD 256 (Jaipur)(Trib.)

S. 145 : Method of accounting-Accrual of income-Unearned revenue-Additional evidence produced-Matter is remanded for reconsideration-Provision made reversed in next year-Remanded for verification. [S. 5, 40(a)(ia)]

Kable First India (P.) Ltd. v. DCIT (2022) 197 ITD 67 (Bang.) (Trib.)

S. 143(1)(a) : Assessment-Intimation-Insurance premium-Premature surrender of life insurance policy-Though TDS under section 194DA was contemplated on gross amount paid under a life insurance policy, but amount of income which could be added by means of adjustment under section 143(1)(a)(vi) would be such sum received as reduced by amount of premium paid. [S. 10(10D), 143(a)(vi), 194DA Form No. 26AS]

Swati Dyaneshwar Husukale v. DCIT (2022) 197 ITD 823 / 220 TTJ 665 / 220 DTR 82 (SMC) (Nagpur)(Trib.)

S. 115JB : Book profit-Disallowances made under section 14A read with rule 8D could not be applied to provision of section 115JB-Exempted income-Disallowance is restricted on an ad-hoc basis at rate of 1 percent of exempt income. [S. 14A, R.8D]

DCIT (OSD) v. Vishal Export Overseas Ltd. (2022) 197 ITD 459 (Ahd.)(Trib.)

S. 115JB : Book profit-Sick company-Adjustment of brought forward business losses or depreciation would start after it become n00n-sick company. [S. 115JB(2)]

Kannappan Textile Mill (P.) Ltd. v. ACIT (2022) 197 ITD 189 / (2023) 224 DTR 57/ 222 TTJ 989 (Chennai)(Trib.)