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. 144B : Faceless Assessment-Principle of natural justice-Only four days’ time was given-Order was quashed and set aside [S. 11, Art. 226]

Urdu Education Society v. NFAC (2023) 290 Taxman 449 (Bom.)(HC)

S. 119 : Central Board of Direct Taxes-Intimation-Defective return-Failure to file audit report-Commissioner has the power to condone the delay-Order rejecting the application was quashed. [S. 119(2)(b), Form 3CB, Art, 226]

Narayanan Kollakkil Kutty v. PCIT (203) 290 Taxman 577 (Kar.)(HC)

S. 115JB : Book profit-Interest subsidy and excise refund-Capital receipt for purpose of book profit. [S. 4]

PCIT v. Krishi Rasayan Exports (P.) Ltd. (2023) 290 Taxman 567 (Cal.)(HC)

S. 92C : Transfer pricing-Arms’ length price-No addition can be made when any arrangement or transaction is an international transaction.

PCIT v. Amadeus India (P.) Ltd. (2023) 290 Taxman 201 (Delhi)(HC)

S. 80G : Donation-Capitalisation fee-Show cause notice for cancellation of registration-Remanded to Commissioner to pass a fresh order on an application filed by assessee after further order was passed in show cause notice seeking to cancel the registration granted. [S. 12A, 80G(5), R. 11A]

CIT v. Madras Medical Mission (2023) 290 Taxman 556 (Mad.)(HC)

S. 69A : Unexplained money-The direction of CIT(A) to give credit of Rs 50 lakhs was not complied with by the Assessing Officer-Court directed the petitioner to file an appeal before CIT(A). [Art. 226]

SNJ Distillers (P.) Ltd. v. DIT (Inc.) (2023) 290 Taxman 264 (Mad.)(HC)

S. 68 : Cash credits-Violation of the principle of natural justice is not fatal-Issue on the identical issue pending before Appellate Authority-Writ petition against the assessment order was dismissed. [Art. 226]

Kariyagoundanur Muthusamy Chettiar Chinnadurai v. ACIT (2023) 290 Taxman 308 (Mad.)(HC)

S. 68 : Cash credits-Share premium and share capital-Identity creditworthiness and genuineness of transactions were established-Order of Tribunal affirmed. [S. 260A]

PCIT v. Satkar Infrastructure (P.) Ltd. (2023) 290 Taxman 400 (Delhi)(HC)

S. 68 : Cash credits-Identity, creditworthiness and genuineness of loan transactions were established-Notice issued under section 133(6) was responded-Order of Tribunal deleting the addition was affirmed. [S. 133(6)]

PCIT (C) v. Ambe Tradecorp (P.) Ltd. (2023) 290 Taxman 471 (Guj.)(HC)

S. 68 : Cash credits-Sundry creditors-Bogus purchases-Sundry creditors-Credit sales-Books of account not rejected-Sales accepted as genuine-Order of Tribunal deleting the addition was affirmed.

PCIT v. Attire Designers (P.) Ltd. (2023)455 ITR 697 / 290 Taxman 551 (Delhi)(HC)