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The principles of natural justice have undergone a sea change. The earlier view that even a small violation would result in the order being rendered a nullity is not correct. Some real prejudice must be caused to the complainant by the refusal to follow natural justice. The prejudice must not merely be the apprehension of a litigant. No prejudice is caused to the person complaining of the breach of natural justice where such person does not dispute the case against him or it. There is a clear distinction between cases where there was no hearing at all and the cases where there was mere technical infringement of the principle (All imp judgements referred)
State Of U.P vs. Sudhir Kumar Singh
(2020) TaxCorp(LJ) 24735 (SC)
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Delay of the respondent in filing a writ petition by itself should not defeat the claim unless the position of the State has been so altered that it cannot be retracted on account of a lapse of time or the inaction of the writ petitioner.
The State of Jharkhand & Ors. vs. Brahmputra Mettalics Ltd. Ranchi & Anr.
(2020) TaxCorp(LJ) 24727 (SC)
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Requirements of CBDT circular No.7/2016 are duly satisfied in the case of the assessee and hence, once the amount has been offered to tax by its members, the assessee could not be saddled with the liability to pay tax in respect of the same amount.
THE PRINCIPAL COMMISSIONER OF INCOME TAX 5 Vs M/S BACKBONE PROJECTS LTD.
(2020) TaxCorp(LJ) 24640 (SC)
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SC - SLP Dismissed - Writ against case transfer u/s. 127 from Tirunelveli to Madurai dismissed by HC.
V.V. MINERALS Vs THE PRINCIPAL COMMISSIONER OF INCOME TAX & ORS.
(2020) TaxCorp(LJ) 24446 (SC) · Section 127
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It may be appropriate to have a Committee of legal experts presided by a retired Judge to give their imprimatur to the settlement so that such apprehensions do not come in the way of arriving at a settlement.
NATIONAL CO-OPERATIVEDEVELOPMENT CORPORATION Vs COMMISSIONER OF INCOME TAX
(2020) TaxCorp(LJ) 24232 (SC)
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Sec.21AA does not enlarge the field of taxpayers but only plugs evasion as the association of persons must be formed with members who have indeterminate shares in its income or assets, which is not the situation in the present case.
M/S BANGALORE CLUB Vs THE COMMISSIONER OF WEALTH TAX & ANR.
(2020) TaxCorp(LJ) 24191 (SC)
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Capital gains shall be deemed to have accrued (1) upon making the award (in case of ordinary acquisition u/s 16 of the Land Acquisition Act 1894) or (2) after expiry of 15 days from the date of publication of notification u/s 9(1) of the 1894 Act (in case of urgent acquisition).
RAJ PAL SINGH Vs COMMISSIONER OF INCOME-TAX
(2020) TaxCorp(LJ) 23109 (SC)
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Even after non-disclosure, if the documents on record conclusively establish that the receipt did not give rise to any taxable income, it would not be open for the AO to reopen the assessment.
ASSISTANT COMMISSIONER OF INCOME TAX Vs THE SWASTIC SAFE DEPOSIT AND INVESTMENTS LTD.
(2020) TaxCorp(LJ) 23043 (SC)
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The High Court committed manifest error in interfering with and in particular reversing the well considered decision of the first appellate Court, which had justly concluded that document executed between the parties was merely a memorandum of settlement, and it did not require registration.
Ravinder Kaur Grewal & Ors. Vs Manjit Kaur & Ors.
(2020) TaxCorp(LJ) 23031 (SC)
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Disallowance u/s. 40(a)(ia) of the Act is not limited only to the amount outstanding and this provision equally applies in relation to the expenses that had already been incurred and paid by the assessee.
SHREE CHOUDHARY TRANSPORT COMPANY Vs INCOME TAX OFFICER
(2020) TaxCorp(LJ) 22958 (SC) · Section 40(a)(ia)
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There was no colourable device involved in having two separate agreements for two entirely separate and distinct purposes.
SHIV RAJ GUPTA Vs COMMISSIONER OF INCOME-TAX
(2020) TaxCorp(LJ) 22919 (SC)
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The Mumbai PO would fall within clause (e) of Article 5(4) of the DTAA, inasmuch as PO was solely an auxiliary office, meant to act as a liaison office between the assessee and ONGC.
DIRECTOR OF INCOME TAX-II (INTERNATIONAL TAXATION) Vs M/S SAMSUNG HEAVY INDUSTRIES CO. LTD.
(2020) TaxCorp(LJ) 22918 (SC)
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Already having invoked powers u/s.245, Revenue cannot withheld the admitted refundable amount on the ground that the respondents may have a future demand against the petitioner arising out of the pending assessment orders.
THE PRINCIPAL COMMISSIONER OF INCOME TAX & ANR. Vs VODAFONE IDEA LTD.
(2020) TaxCorp(LJ) 22917 (SC)
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S. 28(v-a): There is a dichotomy between receipt of compensation by an assessee for the loss of agency and receipt of compensation attributable to the negative/restrictive covenant. The compensation received for the loss of agency is a revenue receipt whereas the compensation attributable to a negative/ restrictive covenant is a capital receipt. Payment received as non-competition fee under a negative covenant was always treated as a capital receipt till AY 2003-2004. It is only w.e.f. 1-4-2003 that the said capital receipt is now made taxable u/s 28(v-a). It is well settled that a liability cannot be created retrospectively (All imp judgements referred)
Shiv Raj Gupta vs. CIT
(2020) TaxCorp(LJ) 22915 (SC) · Section S. 28(v-a)
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A reading of the Board Resolution would show that the Project Office was established to coordinate and execute delivery documents in connection with construction of offshore platform modification of existing facilities for ONGC. Unfortunately, the ITAT relied upon only the first paragraph of the Board Resolution, and then jumped to the conclusion that the Mumbai office was for coordination and execution of the project itself. The finding, therefore, that the Mumbai office was not a mere liaison office, but was involved in the core activity of execution of the project itself is therefore clearly perverse.
DIRECTOR OF INCOME TAX-II (INTERNATIONAL TAXATION) NEW DELHI & ANR. VERSUS M/S SAMSUNG HEAVY INDUSTRIES CO. LTD.
(2020) TaxCorp(LJ) 22914 (SC) · https://taxcorp.in/FileOpenDT.aspx?ID=83106&Category=Judgment&CategoryType=Zip
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Clearly, without any recorded reasons and without framing any substantial question of law on whether the said amount could be taxed under any other provision of the Income Tax Act, the High Court went ahead and held that the amount of INR 6.6 crores received by the assessee was received as part of the full value of sale consideration paid for transfer of shares – and not for handing over management and control of CDBL and is consequently not taxable under Section 28(ii)(a).
SHIV RAJ GUPTA VERSUS COMMISSIONER OF INCOME-TAX, DELHI-IV
(2020) TaxCorp(LJ) 22912 (SC) · https://taxcorp.in/FileOpenDT.aspx?ID=83105&Category=Judgment&CategoryType=Zip
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Non-rejection of assessee's explanation in the assessment order would amount to the AO accepting assessee's view, thus forming an opinion.
THE ASSISTANT COMMISSIONER OF INCOME TAX 12(3)(2) Vs MARICO LTD.
(2020) TaxCorp(LJ) 22800 (SC)
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Though the expressions expert information and advice, analysis, technical guidance etc., have been used in the agreements but, these expressions cannot be read out of context and de hors the purpose of the agreement.
RAMNATH & CO. Vs THE COMMISSIONER OF INCOME TAX
(2020) TaxCorp(LJ) 22799 (SC) · Section 80-O
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It is always open to an assessee to hold the same class of assets as investment and also as stock in trade. There is no bar in law for a person dealing in land to also have investment in land.
PRINCIPAL COMMISSIONER OF INCOME TAX Vs M/S JOGANI AND DIALANI LAND DEVELOPERS AND BUILDERS
(2020) TaxCorp(LJ) 22798 (SC)
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S. 147: The reasons in support of the s. 148 notice is the very issue in respect of which the AO had raised a query during the assessment proceedings and the Petitioner had responded justifying its stand. The non-rejection of the explanation in the Assessment Order amounts to the AO accepting the view of the assessee, thus taking a view/forming an opinion. In these circumstances, the reasons in support of the notice proceed on a mere change of opinion and would be completely without jurisdiction
ACIT vs. Marico Ltd
(2020) TaxCorp(LJ) 22665 (SC) · Section 147
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