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. 80IB(10) : Housing projects- Two flats excess of the prescribed limit of 1500 sq.ft – Pro rata deduction in respect of eligible flats not exceeding prescribed limit is eligible – Interpretation of taxing Statutes – When the language of a statute is unambiguous and admits of only one meaning, no question of construction of a statute then arises .[ S. 260A ]

PCIT v. Kumar Builders Consortium ( 2022) 447 ITR 44 / (2023) 290 Taxman 277 ( Bom)( HC). www.itatonline.org .

S. 69C : Unexplained expenditure –Income from undisclosed sources – Bogus purchases -Civil works – Road construction -Information from Sales Tax Department – Order of Tribunal estimated profit of 12.5% on unexplained and non -genuine purchases is affirmed by High Court .[ S. 37(1), 143(3), 260A]

PCIT v. Ram Builders (2023) 146 taxmann.com 447 ( Bom)(HC) www.itatonline .org .

S. 36(1)(vii) :Bad debt – Pendency of dispute – Lease rental – Depreciation -Once a business decision has taken to write off a debt as a bad debt in books of account should sufficient to allow the claim as bad debt [ S. 36(2) ]

L.K.P.Merchant Financing Ltd v .Dy.CIT ( 2022) 447 ITR 507 / 288 Taxman 389 / 329 CTR 909/ 220 DTR 231( Bom)(HC) www.itatonline .org .

S. 68 : Cash credits –lenders are assessed to tax- Confirmation was filed – Interest was paid ,TDS was deducted – Notice issued u/s 133(6) were acknowledged – Order of Tribunal deletion of addition was affirmed – Court observed that the Assessing officer should have desisted from using the general observation and expression “money Laundering” when it was never the case that there was any allegations of money laundering . [ S. 133(6) ]

PCIT v. Sreeleathers (2022) 448 ITR 332/ 143 taxmann.com 435 ( Cal)( HC) www.itatonline .org

S. 276CC : Offences and prosecutions-Failure to furnish return of income-Assessee must be given opportunity to compound offence. [S. 139, 279, Art, 226]

Nasiruddin v. ITO (2022) 444 ITR 318 (Karn.)(HC) Fatima v. ITO (2022) 444 ITR 318 (Karn.)(HC) Raheesahmed v. ITO (2022) 444 ITR 318 (Karn.)(HC)

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Mens rea must be proved-Penalty Levied and paid for furnishing incorrect particulars in Income-Tax Return-Prosecution was not valid. [S. 132(4)(a), 277]

K. E. Gnanavel Raja v. ACIT (2022) 444 ITR 562 / 287 Taxman 127 (Mad.)(HC)

S. 269UD : Purchase by Central Government of immoveable properties-Notice must give details which led to inference of undervaluation-Order pf Pre-Emptive purchase not valid-Transferee has a right to challenge order of purchase. [Art, 226]

Zeal Real Estate Ltd. v. UOI (2022) 444 ITR 442 (Bom.)(HC)

S. 269UD : Purchase by Central Government of immoveable properties-Valuation of property should be just and reasonable-Rent capitalisation method-Adequate opportunity to be heard not given-Order of purchase of property-Not valid. [Form No. 37I, Art, 226]

Ashwika Kapur v. UIO (2022) 444 ITR 241 (Cal.)(HC)

S. 264 : Commissioner-Revision of other orders-Order of dismissal by Single judge is held to be not proper-Order of Principal Commissioner set aside-Matter remanded to Principal Commissioner. [S. 143(3), 246A, Art, 226]

Unisource Hydro Carbon Services Pvt. Ltd. v. UOI (2022) 444 ITR 229/(2023) 334 CTR 95/ 226 DTR 164 (Cal.)(HC) Editorial : Order of single judge Unisource Hydro Carbon Services Pvt. Ltd. v. UOI(2022) 444 ITR 227 (Cal) reversed.

S. 264 : Commissioner-Revision of other orders-Limitation-Pursuing appeal mistakenly-Delay in filing revision petition-Period spent in prosecuting appeal excluded-Matter remanded to Commissioner. [S. 246A, 248, Limitation Act, 1963, S. 14, Art, 226]

KLJ Organic Ltd. v. CIT (IT) (2022) 444 ITR 62 / 286 Taxman 282 (Delhi)(HC)