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.153A: : Assessment – Search- Warrant of authorization – Application of mind and formation of opinion honest and bona fide belief- Issue of warrant of Authorisation and notice is held to be valid [ S.132 , Art. 226 ]

Subhash Sharma v. CIT (2020) 423 ITR 47 / 193 DTR 306/ 316 CTR 580 (Chhattisgarh) (HC)

S.148: Reassessment —Notice – Pendency of assessment – Issue of notice for reassessment is not permissible [ S. 124(3), 142(1), 143(3), 147 ]

PCIT v. Govind Gopal Goyal (2020) 423 ITR 106 (Guj)(HC)

S.147: Reassessment —Share capital- Notice issued based on disallowances made in for subsequent year — No information available for specific assessment year – Notice is held to be invalid [ S.68 , 147(b) , 148 ]

Tropex Promotion and Trading Ltd. v CIT (2020)423 ITR 510 (Delhi)(HC)

S.147: Reassessment —Capital gains- Joint venture agreement with developer-Handing over possession of property and accepting refundable deposit — Matter Remanded to Assessing Officer. [ 2(47)(v), 45, 147, 148 , Transfer of Property Act 1882 , S.53A ]

Sumeru Soft P. Ltd. v. ITO (2020) 423 ITR 518/195 DTR 267 (Mad)(HC)

S.147: Reassessment —Change of opinion- No new tangible material-Reassessment is held to be bad in law . [ S.148 ]

PCIT v. Zee Media Corporation Ltd. (2020) 423 ITR 304 (Bom)(HC)

S.145: Method of valuation – Stock-In-Trade — Valuation —Encroached and litigated land — Cannot be valued at nil value — Remitting the matter to the Assessing Officer is held to be proper

Rajasthan State Industrial Development And Investment Corporation Ltd. v ACIT (2020)423 ITR 625 (Raj)(HC)

S.145: Method of Accounting —Business of giving vehicles on hire purchase basis —Changing method of accounting to sum of digits but submitting returns on emi basis — Method is held to be proper

CIT v. Ashok Leyland Finance Ltd. (2020)423 ITR 394 (Mad)(HC)

S. 144C : Reference to dispute resolution panel –Draft assessment order- Natural justice – Appellate Tribunal – Admission of additional evidence is held to be justified on question of law – When the Tribunal set aside the proceedings on the ground of violation of the principles of natural justice, the first exercise was void and without jurisdiction- Nothing remained on the record, including the draft assessment order-Issuance of a draft assessment order was necessary- Proceedings were to be started afresh on remand-.Non-issuance of the draft assessment order thus vitiated the final assessment order. [ S.92C, 254(1) ]

PCIT v .Andrew Telecommunications P. Ltd. (2020) 423 ITR 503 (Bom) (HC)

S. 127 : Power to transfer cases – Survey – Purpose of transfer for co-ordinated investigation of connected cases — Possibility Of Involvement Of Scam having international ramifications —Transfer order is held to be valid. [S.133A Art .226 ]

IDS Infotech Ltd. v. PCIT (2020)423 ITR 82/ 275 Taxman 358 (P&H) (HC)

S.115JB: Book profit – Fluctuations In Foreign Exchange Rates-Exempt income- Deletion of addition is held to be justified . [ S.14A ]

PCIT v. Shapoorji Pallonji and Co. Ltd. (2020)423 ITR 220/ 273 Taxman 167 (Bom)(HC)/Editorial : SLP of Revenue dismissed , PCIT v. Shapoorji Pallonji and Co. Ltd. (2022) 288 Taxman 661 (SC)