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
Click here to download the pdf versions of the Digest of case laws

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Transfer pricing adjustment-Failure by Assessing Officer to make assessment in conformity with order of Transfer Pricing Officer-Revision is valid. [S. 92CA]

Actia (India) Pvt. Ltd. v. PCIT (2022) 93 ITR 65 (SN) (Delhi)(Trib.)

S. 234E : Fee-Default in furnishing the statements-Statements of tax deducted at source-Levy of fees for Assessment Years 2013-14, 2014-15 and 2015-16 not justified-CIT (A) erred in not condoning the delay. [S. 200A, 250]

Elite India Constructions P. Ltd. v. CIT (Appeals) (2022) 93 ITR 20 (SN) (Bang.)(Trib.) Sameer Granites Pvt. Ltd. v. ACIT (CPC) (TDS) (2022) 93 ITR 33 (SN) (Bang.)(Trib.)

S. 198 : Deduction at source-Tax deducted is income received-Credit for tax deducted-Refund-Duty of Assessing Officer to allow credit-Rejection of claim to refund treating letters as barred by limitation-Held to be not proper-Directed the Assessing Officer to allow credit and grant consequential refund. [S. 154(7), 199, 26AS]

Amit Mantri v. Dy. CIT (2022) 93 ITR 62 (SN) / 215 TTJ 533 / 209 DTR 182 (SMC) (Jaipur)(Trib.)

S. 153A : Assessment-Search or requisition-No incriminating documents found-No assessment was pending-long term capital gains-Addition is not justified. [S. 45, 143(3)]

Brij Kishore Kochar v. ACIT (2022)93 ITR 64 (SN) (Delhi)(Trib.)

S. 147 : Reassessment-Accommodation entries-Information from Investigation wing-Name of assessee was not appearing in statement-Reopening is bad in law. [S. 148]

Dy. CIT v. Coal Sale Co. Ltd. (2022) 93 ITR 1 (SN) (Kol.)(Trib.)

S. 147 : Reassessment-After the expiry of four years–Depreciation-Granted on Bridge at rate applicable to building instead of rate applicable to plant and machinery-Reassessment valid-Direction of CIT(A) to allow amortization of expenditure incurred during tenure of agreement is justified. [S. 32(1)(ii), 37(1), 143(3), 148]

East Coast Consultants and Infrastructure Ltd. v. ACIT (2022) 93 ITR 72 (SN) / 213 DTR 16 / 216 TTJ 623 (Chennai)(Trib.)

S. 145 : Method of accounting-Developer-Mercantile system of accounting-Completion project-Deletion of additions on account of estimation of work-in-progress is justified.

Dy. CIT v. Navratna Organizers and Developers P. Ltd. (2022) 93 ITR 14 (SN) (Ahd.)(Trib.)

S. 139 : Return of income-Return of loss-Non-Resident company-Return of loss filed beyond due date-Not eligible to carry forward losses. [S. 139(1)]

Thai Glico Co. Ltd. v Dy. CIT (2022) 93 ITR 38 (SN) (Delhi)(Trib.)

S. 133A : Power of survey-Statement during survey-Addition cannot be made merely on the basis of statement in the course of survey without bringing any corroborative evidence on record-CBDT Instructions F. No. 286/2/2003-It (Inv), Dated 10-3-2003 and F. No. 286/98/2013-It (Inv. Ii), Dated 18-12-2014. [S. 119]

Bhagwan Madhukar Kale v. ACIT (2022) 93 ITR 77 (SN) (Pune) (Trib.)

S. 92C : Transfer pricing-Arm’s length price-Purchase of sap licence-Details submitted but authorities failing to consider-Application of benefit test instead of methodology set out in Act and rules not sustainable. [R. 10B]

PPG Coatings India Pvt. Ltd. v. Dy. CIT (2022) 93 ITR 52 (SN) (Mum.)(Trib.)