Author: ksalegal

Author Archive


Travancore Sugars and Chemicals Ltd. v. CIT (2022) 444 ITR 371 / 212 DTR 385 / 326 CTR 137 / 286 Taxman 657 (FB) (Ker.)(HC)

S. 22 : Income from house property-Lease of immovable property Lease agreement as owner of immovable property and not as owner of a business asset-Income assessable as income from house property.

CIT(E) v. Nawal Kishore Kejriwal Charity Trust (2022) 444 ITR 532/ 214 DTR 276 / 327 CTR 453(Cal.)(HC)

S. 12AA : Procedure for registration-Trust or institution-Corpus donation of funds to another charitable trust-In One Accounting Year-Registration could not be cancelled. [S. 2(15), 11]

CIT(E) v. Om Prakash Jindal Gramin Jan Kalyan Sansthan (2022) 444 ITR 498 /287 Taxman 303 (Delhi)(HC)

S. 11 : Property held for charitable purposes-Voluntary contributions towards corpus fund used for purchase of land-Allowable as application of income. [S. 11(1)((d)]

Essel Mining and Industries Ltd. v. PCIT (2022) 444 ITR 576 / 209 DTR 180/ 324 CTR 124 (Cal)(HC)

S. 4 : Charge of income-tax-Capital or revenue-Compensation received on account of failure of performance guarantee-Matter remanded to Tribunal. [S. 254(1)]

V. Vasanthakumar v. UOI (2022) 444 ITR 677 (Mad)(HC

Prohibition of Benami Property Transactions Act, 1988.

S. 32 :Qualification for appointment of chairperson and Members of Appellate Tribunal- Constitution Of Appellate Tribunal – Independence of Judiciary — Qualification of Judicial Member — Requirement that he could be a Member of Indian Legal Service or one had held post of additional Secretary or equivalent post in that service — Provision not valid. [ Art , 226 ]

Nexus Feeds Ltd v. ACIT (2022) 444 ITR 261 (Telangana) (HC),Editorial: ACIT v. Nexus Feeds Ltd (2023)453 ITR 459 (SC), Affirmed, SLP of Revenue dismissed ,

Benami Transactions (Prohibition) Amendment Act, 2016

S.2(a): Benami Property Transactions — Amendment of Act in 2016 Provisions are substantive — Not applicable with retrospective effect – Interpretation of taxing statutes —Rule against retrospectivity . [ S. 2(9)(A) (2(9)(C), Art , 20, 226 ]

PCIT v. Asish Kumar Ghosh (2022) 444 ITR 398/ 214 DTR 257/326 CTR 841 (Cal)(HC)

Direct Taxes Vivad Se Vishwas Act, 2020.

S. 2(1)(a): Appellant – Declaration processed and Form 3 issued To Assessee -Rejection of declaration -Not valid —State cannot claim benefit of its own mistake. [S. 4 , Art , 226 ]

B. D. Tea Estates Pvt. Ltd. v State of West Bengal (2022) 444 ITR 504 (Cal)(HC))

Bengal Agricultural Income-tax Act, 1944

S. 34:Method of computation -Agricultural Income -tax -Appeal dismissed – Alternative remedy – Writ is not maintainable [ West Bengal Taxation Tribunal Act, 1987, Art , 226 ]

Azad Rahim v. ITO (2022) 444 ITR 557 (Ker)(HC)

Gift-tax Act, 1958

S. 15: Assessment – Asset gifted – Valuation — Question of fact .[ S. 15(2)]

Rakesh Garg v. PCIT (2022) 443 ITR 137 / 211 DTR 265 / 325 CTR 440 (Raj.)(HC)

S. 2(1)(a) : Appellant-Declarant-Condonation of delay-Effect of Circular of CBDT dated 4-12-2020-The rejection of the declaration was not justified-The declarations of the assessee shall be accepted and thereafter dealt with as provided under the Act. [Art. 226]