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(2) : Assessment-Notice-Jurisdiction-Transferred from Assessing Officer, Circle VIII to Assessing Officer, Circle 8(1)-Notice under section 143(2) was issued by ACIT, who had no jurisdiction over assessee-Assessment order was set aside. [S. 124(3)(a), 143(3), 144, Art. 226]

S.K. Industries v. ACIT (2022) 141 taxmann.com 568 (Delhi)(HC) Editorial : SLP of Revenue dismissed since no good ground and reason to condone delay was found, ACIT v. S.K. Industries (2022) 288 Taxman 651 (SC)

S. 142(2A) : Inquiry before assessment-Special audit-Pre-decisional hearing-Principle of natural justice-No opportunity of hearing was given before directing to get its accounts audited-order was quashed. [Art. 226]

Narendra Polyplast v. Pranab Kumar Das. ITO(2022) 288 Taxman 567 (Bom.)(HC)

S. 115JB : Book profit-Minimum alternate tax-Electricity companies-Provisions of section 115JB as it stood prior to its amendment by virtue of Finance Act, 2012, would not be applicable to an electricity generating company.

PCIT v. Ajmer Vidyut Vitran Nigam Ltd. (2022) 140 taxmann.com 660 (Raj.)(HC) Editorial : Notice issued in SLP filed by Revenue, PCIT v. Ajmer Vidyut Vitran Nigam Ltd(2022) 288 Taxman 485 (SC)/)/ SLP dismissed PCIT v. Ajmer Vidyut Vitran Nigam Ltd ( 2023) 290 Taxman 5 (SC)

S. 115JB : Book profit-Minimum alternate tax-Banking companies-Provision is not applicable. [Companies Act, 1956, S. 211(1)]

CIT v. Karnataka Bank Ltd. (2022) 142 taxmann.com 64 (Karn.)(HC) Editorial : SLP granted to Revenue, CIT v. Karnataka Bank Ltd.(2022) 288 Taxman 725 (SC)

S. 68 : Cash credits-Search-Statement of director-Deletion of addition is held to be justified. [S. 132, 153A]

PCIT v. Dwarka Prasad Aggarwal (2022) 140 taxmann.com 32 (Delhi)(HC) Editorial : SLP dismissed as withdrawn due to low tax effect, PCIT v. Dwarka Prasad Aggarwal (2022) 288 Taxman 16 (SC)

S. 68 : Cash credits-Inflated credit balance-Not furnished evidence in spite of sufficient opportunity was granted-Addition is held to be justified.

Jaiswal Plastic Tubes Ltd. v. ACIT (2022) 288 Taxman 779 / 215 DTR 161 / 327 CTR 757 / ( 2023) 451 ITR 540 (Orissa)(HC)

S. 48 : Capital gains-Computation-Share purchase agreement-Full value of consideration-Tax component-Allowable as deduction while computing capital gains. [S. 45]

Durga Kumari Bobba v. Dy. CIT (2022) 288 Taxman 695/ 220 DTR 428 /// (2023)457 ITR 118/ 331 CTR 340/ (Karn.)(HC)

S. 44 : Insurance business-Computation of profits-Loss was computed by aggregating its reporting under shareholders account and policy holders account as prescribed under Insurance regulatory and development authority (IRDA). [S. 115B, 260A]

PCIT v. PNB Metlife India Insurance Co. Ltd. (2022) 443 ITR 415/ 209 DTR 383/ 324 TR 506 /140 taxmann.com 86 (Karn.)(HC) Editorial : Notice issued in SLP filed by Revenue, PCIT v. PNB Metlife India Insurance Co. Ltd. (2022) 288 Taxman 1 (SC)

S. 43B : Deductions on actual payment-Electricity duty-Captive power plant (CPP)-Amount deposited as per order of Court-Amount was received by Government-Allowable as deduction-Matter was remanded to Assessing Officer to verify the amounts released to State Government.

National Aluminium Co. Ltd. v. CIT (2022) 288 Taxman 36 / 215 DTR 375 / 327 CTR 340/ (2023)451 ITR 383 (Orissa)(HC)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Method of accounting-Interest subsidy-Taxable on actual remission or cessation of liability. [S. 145]

CIT v. Vivada Inland Waterways Ltd. (2022) 288 Taxman 99 (Cal.)(HC)