Gist of recent important tax caselaws

Below are the recent important tax caselaws related to Income tax, Service tax, Excise in brief. The citation is made available for your benefit :

INCOME TAX

SECTION 145

METHOD OF ACCOUNTING - ADDITIONS TO INCOME

Emails as sale evidence : Where Assessing Officer made addition to assessee's income in respect of additional sale consideration received on sale of land merely on basis of an e-mail recovered during course of search action at premises of another person and there was no independent material available supporting such an addition, Tribunal was justified in deleting addition so made - Commissioner of Income-tax v. Alpha Impex (P.) Ltd. (2014) 45 taxmann.com 205 (Bombay)     SECTION 271(1)(c) PENALTY - FOR CONCEALMENT OF INCOME Agreed additions : In absence of concrete material on record indicating that assessee had concealed particulars of income, Assessing Officer could not pass penalty order merely on basis of declaration of undisclosed income by a partner of assessee-firm in course of search proceedings - Commissioner of Income-tax, Dhanbad v. Ganesh Trading Company (2014) 45 taxmann.com 209 (Jharkhand)       SERVICE TAX SECTION 73 RECOVERY - OF DUTY OR TAX NOT LEVIED/PAID OR SHORT-LEVIED/PAID OR ERRONEOUSLY REFUNDED Where Revenue was itself insisting on payment of service tax under reverse charge on services received from abroad prior to 18-4-2006, payment of tax and taking of credit by assessee could not be said to be against law - Ericsson India (P.) Ltd. v. Commissioner of Central Excise (Adjudication), New Delhi (2014) 45 taxmann.com 238 (New Delhi - CESTAT) SECTION 80 PENALTY - NOT TO BE IMPOSED IN CERTAIN CASES In view of finding of fact that there was no mala fide intent of assessee in not depositing service tax in time, penalty could be waived under section 80 - Commissioner of Central Excise v. Muniruddin (2014) 45 taxmann.com 218 (Allahabad)