Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Surender v .ITO ( 2020) BCAJ -June -P 43 ( Delhi) (Trib)

S. 10(37) : Capital gains – Agricultural land – Interest received on enhanced consideration as per Land acquisition Act, 1894 is held to be not taxable [ S .4, 56(2) (viii) Land Acquisition Act , 1894 , S 4, 28, 34 ]

CIT v. Bokaro Steel Ltd. (1999) 236 ITR 315/102 Taxman 94/151 CTR 276 (SC)

S. 4: Charge of income tax – Capital or revenue- Business income-Receipts from Construction company – Netting of receipts and payments- Receipts from the Construction Company being intrinsically connected with construction of assessee’s plant, would be considered as a capital receipt and not income of assessee from any independent source-Amounts received by the assessee would go to reduction of cost of construction. [S, 28(i), 56, 145]

ITO v. Venkatesh Premises Co-operative Society Ltd. (2018) 402 ITR 670/163 DTR 465/301 CTR 514/254 Taxman 313 (SC)

S.4 :Charge of income-tax – Mutuality – Receipts by Co-operative society form its members i.e. Non-occupancy charges, transfer charges common amenity fund charges and other charges, are exempt from income-tax Act based on the principle of mutuality [S. 2(24)(vii) ; Maharashtra Co-operative Societies Act, 1960 S. 79A ]

State of Karnataka v. Karnataka Pawn Brokers Association (2018) 255 Taxman 12 (SC)

S. 4: Charge of income-tax – Legislative power of retrospective amendment – Legislature cannot by way of introducing an amendment overturn a judicial pronouncement to declare it to be wrong or nullity – Rather Legislature can amend provisions of any statute to remove basis of judgment – Clause in statute – Prohibiting payment of interest on amount of security deposit is not arbitrary or violative of Article 14 of the Constitution of India. [Constitution of India , Art . 14 ]

Godhra Electricity Co. Ltd v. CIT (1997) 225 ITR 746/139 CTR 564/91 Taxman 351 (SC)

S. 4 :Charge of income-tax -Accrual of income—Mercantile system of accounting – Accounting principle of real income—Enhanced rates shown as receipts in accounts but amounts not realised due to litigation and subsequent takeover of undertaking by Government- Amount due on such enhancement had not accrued and was not assessable [ S. 145 ]

Gowli Buddanna v. CIT (1966) 60 ITR 293 (SC)

S. 4: Charge of income-tax – Hindu undivided family – Sole surviving coparcener – Assessable as Hindu undivided family [Indian Income-tax Act, 1922 S.3 ]

Kale Khan Mohammad Hanif v. CIT (1963) 50 ITR 1 (SC)

S.4: Charge of income-tax – Cash credits- Assessee must prove the source of receipt -In the absence of such proof the Assessing Officer is entitled to treat it as taxable income – Cash credits could be assessed as undisclosed income [ S. 147, Indian Income-tax Act, 1922, S.34 ]

Harshad Shantilal Mehta v. Custodian (1998) 231 ITR 871/99 Taxman 216 (SC)/ (1998) 5 SCC 1

S. 2(43): Tax – Interest and penalty is not tax [Special Court (Trial of Offences relating to Transactions in Securities) Act, 1992, S. 3, 4, 11]

CIT v. Rameshwarlal Sanwarmal (1980) 122 ITR 1/14 CTR 372 (SC)

S.2(22)(e): Deemed dividend – Share holder means a registered share holder and not beneficial owner [Indian Income -tax Act ,1922 , S .2(6A)]

Common Cause (A Registered Society) v. UOI (2017) 394 ITR 220 / 245 Taxman 214 (SC)/ (2018) 9 SCC 382

S. 2(12A): Books of account – Entries in loose papers/ sheets are irrelevant and inadmissible as evidence- Offences and prosecution- Settlement Commission- Investigation could not have been directed in case of high public functionaries on basis of legally inadmissible evidence in form of loose papers [S. 69A, 132, 143(3), 245D; Constitution of India 1949, Art. 32; Code of Criminal Procedure, 1973, S.155(2), 156(1); Indian Evidence Act, 1872, S.34]