S. 14A : Disallowance of expenditure-Exempt income-Without giving finding how much administrative expenditure incurred to earn exempt income-Disallowance not Justified. [R.8D]
S. 14A : Disallowance of expenditure-Exempt income-Without giving finding how much administrative expenditure incurred to earn exempt income-Disallowance not Justified. [R.8D]
S. 12AA : Procedure for registration-Trust or institution-Registration cannot be denied for failure to start charitable activities. [S. 12A,12AA(3)]
S. 11 : Property held for charitable purposes-Rule of consistency-No change in activities-Supervision or monitoring of activities by donor not sufficient to hold that any profit motive is involved-Grant of exemption is valid. [S. 2(15)]
S. 11 : Property held for charitable purposes-Object improve public transport system and to assist its members-Charitable object entitle to exemption-Order of Tribunal is affirmed. [S. 2(15), 10(23C)(vi), 12A, 260A]
S. 10(20) :Local authority-Appeal to High Court-Assessee not claiming benefit under section 10(20)-High Court not justified in dismissing Department’s appeals granting benefit-Order of High Court set aside with the direction to consider the appeals afresh in accordance with law and on merits. [S. 260A]
S. 10(5) : Travel concession or assistance-Leave travel allowance-State Bank of India Officers’ Service Rules stating that leave travel concession available only to travel inside India-Administrative instructions extending leave travel concession for travel outside India-Not valid-Not entitled to additional benefit. [Art. 226]
S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Payment of subscription for online journal-Matter remanded to High Court to consider facts-DTAA-India-USA. [S. 195, 201(1), (1A), Art. 12]
S. 4 : Charge of income-tax-Income or capital-Compensation for cancellation of agreement-Long term capital gain-Income from other sources-Compensation received by assessee to indemnify developer against action by persons who had booked flats through assessee-Taxable income [S. 2(24), 45, 56].
S. 147 : Reassessment –With in four years- Share capital – Share premium – Income from other sources – Produced evidence in support of increase of authorised share capital , share allotment and names and address of parties from whom share premium received – Change of opinion – Reassessment was quashed . [ S. 56 (2)(viib), 148 Art , 226 ]
Prohibition of Benami Property Transactions Act, 1988,
S.3: Prohibition of benami transactions — Change of law — Rule against retrospectivity —Amendments brought in 2016 introducing expanded definition of “Benami Property” to include proceeds from property held benami, element of Mens Rea and punitive forfeiture in Rem — Amendments brought in 2016 not merely procedural but substantive to have effect only prospectively — Prosecution or confiscation proceedings under amended provisions for transactions entered into prior to coming into force of 2016 amendment act not sustainable – Legislative powers — Validity of provision — Doctrine of manifest arbitrariness- The court left the question of the constitutionality of independent forfeiture proceedings contemplated under the 2016 Amendment Act on other grounds, open to be adjudicated in appropriate proceedings . [ S. 2, 3, 4, 5, 24, 27(3), 27(5), 53, 54, 54A, 67 Art , 14, 20(1) ]