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.142 (2A): Inquiry before assessment-Special audit-Limitation-Power to extend time limit for submitting audit report lies with the assessing officer and not the Commissioner-Appeal of the Revenue is dismissed. [S. 132 142(2C), 153A, 153B, 260A]

PCIT(Central) v. Soul Space Projects Ltd (2023) 157 taxmann.com 272/ (2024) 460 ITR 642 (Delhi) (HC)

S. 132 : Search and seizure-No incriminating material found during the course of search action-Completed assessment cannot be reopened.[S. 153A, 260A]

Shyam Sunder Jindal v. Asst. CIT (2024) 461 ITR 96 (Delhi)(HC)

S. 119 : Central Board of Direct Taxes-Instructions-Extension of time for filing of return-Seeking condonation of delay in filing return of income-Principal CCIT should have taken lenient view in considering difficulties faced by assessee-due to Covid-19.[S.119(2)(a), 139, Art.226]

Patna Metro Rail Corporation Ltd. v. PCIT (2023) 150 taxmann.com 434 / 333 CTR 557 (2024) 460 ITR 731 (Patna)(HC)

S. 119: Central Board of Direct Taxes-Instructions-Quasi-judicial authorities-Order should be a speaking order granting a reasonable opportunity of being heard. [S.119(2)(b), Art. 226]

Envission Communication (P.) Ltd. v. PCIT (2024) 460 ITR 620 / 296 Taxman 520 (Mad) (HC)

S. 119: Central Board of Direct Taxes-Instructions to subordinate authorities-Application for condonation of delay-Capital gains-Agricultural land-With in specified urban limits-PCIT had gone into the merits of the claim and the merits of the delay condonation application had not been taken-Matter remanded back. [S.10(37), 119(2)(b), Art.226]

Daisy v. PCIT (2024) 296 Taxman 80 (Ker)(HC)

S. 115BAA: Tax on income of certain domestic companies-Determination of tax in certain cases-Failure to file Form No 10IC before due date of filing of return-Due to technical error, there being no fault of assessee, it could not be deprived of benefit under section 115BAA particularly when this being first year for availing such benefits-Order of Tribunal is affirmed.[S. 260A]

PCIT v. KGY Glass Industries (P.) Ltd. (2023) 156 taxmann.com 18 /(2024) 296 Taxman 180 (Guj)(HC

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Specified domestic transaction-ITAT directed the TPO to consider the functions, assets and risks (‘FAR’) of the year under consideration with FAR of the years in Advance Pricing Agreement (‘APA’)-Order of Tribunal is affirmed. [S.92CA, 260A]

PCIT v. Springer India (P.) Ltd (2023) 151 taxmann.com 251 /(2024) 461 ITR 61 / (Delhi)(HC)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Specified domestic transaction-Transfer pricing adjustment on basis of transactions where prices charged to Associated Enterprises was less than that charged to unrelated parties-Contrary to legal provisions-Deletion of upward transfer pricing adjustment by the Tribunal is affirmed. [S.92, 260A]

PCIT v. Audco India Ltd (2019) 264 Taxman 237 / (2024) 461 ITR 152 (Bom)(HC) Editorial : SLP of Revenue is dismissed,PCIT v. L & T Valves Ltd. [2023] 295 Taxman 585 (2024) 461 ITR 157 (SC)

S. 69 : Unexplained investments-Share capital-Addition made based on unproven and untested statements recorded during searches-Onus to prove investments bogus not discharged-Deletion of addition proper.[S. 132, 260A]

PCIT v. PNC Infratech Ltd. (2024) 461 ITR 92 (All)(HC)

S. 68: Cash credits-Share premium-Identity and credit worthiness established-Purchases from unregistered dealers-Gross profit declared-Order of Tribunal is affirmed. [S. 260A]

PCIT v. Siyaram Metals Udyog (P.) Ltd. (2023) 156 taxmann.com 432/(2024) 296 Taxman 94 (Guj)(HC)