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. 144 : Best judgment assessment-Estimation of income must be on reasonable basis in congruent to the result of the prior previous years-Principle of consistency must be followed. [S. 143(3)]

DCIT v. Bridge & Building Construction Co. (P.) Ltd. (2022) 94 ITR 515 (Kol.)(Trib.)

S. 143(3) : Assessment-Computation-Income from other sources-Mistake in computation sheet-Directed to take correct figure thereafter to compute tax payable which should be nil. [S. 144C(13)]

Timblo Shipyards P. Ltd. v. NEAC (2022) 94 ITR 53 (SN) (Mum.)(Trib.)

S. 143(3) : Assessment-Deduction of tax at source-Mismatch-Income declared no deduction of tax at source claimed-Deletion of addition is proper. [Form No. 26AS]

ACIT v. Silver Jubilee Motors Ltd. (2022) 94 ITR 19 (Trib.) (SN) (Pune)(Trib.)

S. 143(3) : Assessment-Limited scrutiny-Disallowance of deduction not subject matter of limited scrutiny-Addition deleted-Interest expenditure-No loan taken during year-Interest disallowance is not valid when no disallowance was made in earlier years or subsequent years. [S. 57]

Dharam Bhushan Jain v. ACIT (2022) 94 ITR 1 (Delhi)(Trib.)

S. 143(3) : Assessment-Search-Merely because a hard disk belonging to assessee was found and seized from business premises of assessee, gives no ground for addition to the AO, when no incriminating or corroborative documents have emanated therefrom or otherwise. [S. 132, 292]

ACIT v. Lepro Herbals (P.) Ltd. (2022) 94 ITR 225 /216 TTJ 682 / 215 DTR 233 (Delhi)(Trib.)

S. 143(2) : Assessment-Notice-Failure to issue notice-Reassessment is bad in law-Monetary limit-Information from Sales tax department falls with in the exception-Appeal is maintainable. [S. 147, 148, 268A]

ITO v. Manjil Dineshkumar Shah (2022) 94 ITR 68 (SN) (Ahd.) (Trib.)

S. 143(2) : Assessment-Notice-Non-issuance of notice u/s 143(2) is a jurisdictional defect and cannot be cured by section 292BB-Reassessment is held to be bad in law. [S. 147, 148, 292BB]

Sapankumar U. Jain v. ITO (2022) 94 ITR 216 (Mum.)(Trib.)

S. 92CA : Reference to transfer pricing officer-Additional ground-Limitation-Time-limit specified under section 92CA(3A) is mandatory-TPO is bound by time-limit for passing of order under section 92CA (3), failing which the order is invalid. [S. 92CA(3A), 254(1)]

Swiss Re Global Business Solution India (P.) Ltd. v. DCIT (2022) 94 ITR 196 (Bang.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Provision of software consultancy services-Adjustment to be restricted to amount retained by associated enterprise. [S. 92CA(3)]

Trigyn Technologies Ltd. v. ACIT (2022) 94 ITR 71 (SN) (Mum.) (Trib.)

S. 92C : Transfer pricing-Arm’s length price-Comparables-Functionally dissimilar companies cannot be taken as comparable–Government owned company taken as comparable on ground of functional similarity-Low turnover for particular year cannot be ground to exclude company functionally similar-Matter remanded.

Honda R and D (India) Pvt. Ltd. v. Dy. CIT (2022) 94 ITR 15 (SN) (Delhi)(Trib.)