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. 172 : Shipping business-Non-residents-Shipping business-Option to be assessed under normal provision-Summary assessment orders passed under section 172(4) on each voyage undertaken earning freight from India is held to be not valid-DTAA-India-Greece. [S. 139, 172(4), 172(7), Art. 8]
Interocean Shipping (India) (P.) Ltd. v. DCIT(IT) (2022) 196 ITD 253 / 100 ITR 560 (Rajkot)(Trib.)
S. 170 : Succession to business otherwise than on death-Amalgamation-Assessment order was passed in the name of company which is ceased to be in existence as on date when Assessing Officer passed order-Order is nullity. [S. 2(31), 143(3)]
Marlabs Innovations (P.) Ltd. v. DCIT (2022) 196 ITD 179 / 97 ITR 64 (SN) (Bang.)(Trib.)
S. 154 : Rectification of mistake-Mistake apparent from the record-Interest-Revised return enhancing its TDS claim-Interest on refund-withdrawal of interest under section 244A(2) was beyond scope of rectification-Order of rectification was quashed and set aside. [S. 244A(2)]
Otis Elevator Company (India) Ltd. v. DCIT (2022) 196 ITD 558 (Mum.)(Trib.)
S. 147 : Reassessment-Capital gains-Investment in prohibited mode-No new tangible material-Reassessment is bad in law. [S. 11, 13(1)(d), 143(1)]
Navajbai Ratan Tata Trust. v. ACIT (2022) 196 ITD 189 (Mum.) (Trib.)
S. 145 : Method of accounting-Development of property and construction-Percentage completion method (PCM)-As per clause (5) of Guidance Note issued by ICAI, cost of construction and also saleable project area needed to be taken into account while recognizing revenue under Percentage completion method-Matter remanded. [AS-9]
Krishna E-Campus (P.) Ltd. v. DCIT (2022) 196 ITD 700 (Bang.) (Trib.)
S. 145 : Method of accounting-Search-No incriminating evidence was found-No addition could be made on account of difference in stock of sugar-Valuation of stock-No addition could be made on account of difference in stock of molasses. [S. 132, 153A]
Uttam Sugar Mills Ltd. v. DCIT (2022) 196 ITD 601 (Delhi)(Trib.)
S. 144B : Faceless Assessment-Personal hearing through video conferencing not granted-Matter was to be remanded to Commissioner for de novo adjudication. [S. 143(3) Rule, 12]
Bank of India v. ACIT (2022) 196 ITD 1 / 218 TTJ 724 / 215 DTR 385 (Mum.)(Trib.)
S. 143(3) : Assessment-Limited scrutiny-Newspaper publication-Instructions are binding on revenue-Instructions cannot be ultra vires of section 119-Other expenses-Direct trading expenditure which were wrongly included in other expenses are to be excluded form the limited scrutiny. [S. 37(1), 119]
Janpaksh Printing & Publishing v. ITO (2022) 196 ITD 286 / 220 TTJ 854 (Jabalpur)(Trib.)
S. 115JB : Book profit-Disallowance under section 14A could not be added back to book profits. [S. 14A]
ACIT v. Geometric Software Solutions Co. Ltd. (2022) 196 ITD 466 (Mum.)(Trib.)
S. 115JB : Book profit-Exempt income-Disallowance of expenditure-Disallowance not to be added while computing book profit. [S. 14A,R. 8D].
Spandana Sphoorty Financial Ltd. v. DCIT (2022) 196 ITD 217 / 217 TTJ 837 / 214 DTR 121 (Hyd.)(Trib.)