Author: ksalegal

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Arulmigu Devi Karumariamman v. ITO (2019) 174 ITD 151 (Chennai) (Trib.)

S. 10(23C) : Educational institution-Hindu religious temple- Renewal of approval–When the approval was granted since 1989 the CIT( E ) is not justified in restricting approval only from AY. 2016-17) – Tribunal has directed the CIT( E ) to grant approval also for the AY. 2015- 16. [S. 10(23C)(v), Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959]

Board of Control for Cricket in India. v. ITO ( 2018) 196 TTJ 1057/(2019) 174 ITD 159 (Mum.)(Trib.)

S. 20(23) : Sports association–Pendency of application for notification- AO is directed to consider assessee’s claim of exemption in case a notification is issued by appropriate authority for the relevant assessment year.[S. 12A].

Sushmita Sen. v. ACIT ( 2018) 172 DTR 201/ 196 TTJ 801 / (2019) 174 ITD 8 (Mum.)(Trib.)

S. 4 : Charge of income-tax -Celebrity-Damages for reputation- Compensation received by a film actress from Coca Cola India Limited (CCIL) towards damages caused to her reputation-Cannot be assessed as any benefit, perquisites arising to her out of exercise of profession- Not liable to tax. [S. 2(24) 28 (i)]

HV Metal ARC (P.) Ltd. v. ACIT (2018) 173 ITD 606 (Delhi) (Trib.)

S. 251 : Appeal-Commissioner (Appeals)–Ex parte order- Dismissal of appeal in limine-CIT(A) cannot dismiss an appeal in limine on account of non-prosecution or if assessee seeks to withdraw appeal or if assessee does not press appeal- Order of CIT(A) is set aside. [S. 144, 250(1)]

Medical Superintendent Rural Hospital v. DCIT (2018) 173 ITD 575 (Pune)(Trib.)

S. 234E : Fee-Default in furnishing the statements- Prior to 1-6-2015, AO did not have power to charge fees under S. 234E while processing TDS returns-In absence of enabling provision fees cannot be levied in respect of intimation issued under S. 200A prior to 1-6-2015. [S. 200A]

Ratanlal Biharilal Atal v. ITO (2018) 173 ITD 569/ ( 2019) 175 DTR 156 / 198 TTJ 1019(Nagpur)(Trib.)

S. 199 : Deduction at source-Credit for tax deducted-TDS related to HUF was credited to assessee’s TDS account-HUF had not availed benefit of such TDS certificate- Denial of refund is held to be not justified. [ S. 10(37), 194LA]

Basil Mendes Memorial Educational & Charitable Trust v. ITO (2018) 173 ITD 390 (Bang.)(Trib.)

S. 164 : Representative assessees-Charge of tax – Beneficiaries unknown -Un registered trust- Trustees filing their return showing taxable income – Trust is to be assessed as an AOP and the income would be taxable at maximum marginal rate .[ S.12A, 164(1), 167B ]

DCIT v. Gurinderjit Singh (2018) 173 ITD 487 (Chd.)(Trib.)

S. 153 : Assessment–Reassessment–Limitation–Settlement commission admitted the Application on 30-8-1996, admitted tax and interest was not paid and during pendency of proceedings- S. 245HA and 245D were amended providing abatement due to non-payment by 31-7-2007-Constitutional validity of which was challenged and finally case was abated in 2016- Assessment order was passed within 60 days was not time barred. [S. 245C(1), 245HA, 245D]

Sun Tec Business Solutions (P.) Ltd. v. DCIT (2018) 173 ITD 185 (Cochin) (Trib.)

S. 144C : Reference to dispute resolution panel -Non -speaking order – Order passed by DTP without giving any reasons for rejecting objections raised by assessee- ,Order was set aside and, matter was to be remanded back for disposal afresh.[S. 92C]

Seal For Life India (P.) Ltd. v. DCIT (2018) 173 ITD 229 /( 2019) 197 TTJ 742/ 174 DTR 281(Ahd.) (Trib.)

S. 143(3) : Assessment-Form 26AS-Merely on the basis of information form 26AS submitted by the deductor, addition cannot be made, as the assessee had no control over inputs made by the deductor. [ S. 4]