This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 11 : Property held for charitable purposes-Search and seizure-Concluded assessment-Date for issuance of notice under section 143(2) of the Act had already expired-No incriminating material was found for the assessment years in question-Denial of exemption is not valid. [S. 132, 143(2), 153A]

Sri Basaveshwar Veerashaiva Vidyavardhak Sangha v. Dy. CIT (2022) 93 ITR 36 (SN) (Bang.)(Trib.)

S. 10(34) : Dividend-Domestic companies-Tax on distribution of profits-Dividend received by assessee on Liquidation of company-Dividend declared before liquidation and dividend distribution tax paid by company-Not entitled to exemption of dividend income. [S. 2(22), 10(33), 46(2), 115O]

Thankamma Sebastian (Smt.) v. ITO (2022) 93 ITR 25 (SN) (Bang.)(Trib.)

S. 48 : Capital gains – Cost of improvements – Amount spent on property habitable allowable as deduction- Amount spent on refrigerator , air conditioner LED , TVS furniture , dining table etc are personal effects – Not eligible for deduction – Interest on housing loan – Matter remanded to the Assessing Officer [ S. 24, 45 , 133(6) ]

Komal Gurumuk Sangtani v. ITO ( Mum) ( Trib) www.itatonlime .org Gurumukh I .Sangtani v. ITO ( Mum) ( Trib) www.itatonlime .org

S. 115BAA: Tax on income of certain domestic companies – Levy of tax @ 30% instead at concessional rate @ 22 %- Return of income – Last date for filing Form No. 10IC for AY 2020-21 – Extended to March 31, 2021 – By virtue of the Taxation and Other Laws (Relaxations and Amendments of Certain Provisions) Act 2020- Entitled to concessional rate @ 22%. [S.115BAA(5), 139(1), Taxation and Other Laws (Relaxations and Amendments of Certain Provisions) Act 2020, S. 3(1) ]

Suminter India Organics (P.) Ltd. v. DCIT (2022) 196 ITD 370 ( Mum)( Trib) www.itatonline .org .

S.68: Cash credits — Unexplained expenditure — Capital gains —Penny stocks – Accommodation entries – Purchase of shares at premium in off market Transaction — Sale after three years- Report of Investigation Wing-Information never provided nor cross-examination of Individuals allowed — Additions is not valid .[ S. 10(38) 45, 69 ]

Mukesh Bhoormal Jain v .ITO (2022) 93 ITR 26 (SN)(Mum) ( Trib)

S. 271D : Penalty-Takes or accepts any loan or deposit-Amount received from husband-Purchase of plot-Family arrangement-Levy of penalty is not valid. [S. 269SS, 273B]

Meera Devi Kumawat. (Smt.) v. JCIT (2022) 193 ITD 250 (Jaipur)(Trib.)

S. 271B : Penalty-Failure to get accounts audited-Project completion method-Advance received-Not turnover or gross receipt-Bonafide belief-Failure to get audited-Levy of penalty is not valid. [S. 44AB]

Sushila Sureshbabu Malge (Smt.) v. ITO (2022) 193 ITD 416 (Mum.)(Trib.)

S. 271AAB : Penalty-Search initiated on or after 1st day of July 2012-Surrender of income-Neither surrendered income nor penalty was initiated on the basis of undisclosed income found during search-Levy of penalty is not valid. [S. 132]

Chandra Suresh Kothari v. DCIT (2022) 193 ITD 547 (Nagpur) (Trib.)

S. 271(1)(c) : Penalty-Concealment-Not referring specific charge in the notice or assessment order-Levy of penalty is not valid.

Chandra Suresh Kothari v. DCIT (2022) 193 ITD 547 (Nagpur) (Trib.)/Unicare Developer and Infrastructure Pvt. Ltd. v. ITO (2022)93 ITR 55 (SN)(Delhi) ( Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Business expenditure-Corporate social responsibility expenses-Amendment brought by way of Explanation 2 to section 37(1) by Finance Act, 2014, with effect from 1-4-2015 is not retrospective in nature-Revision is held to be not valid. [S. 37(1)]

Garden Reach Ship Builders & Engineers Ltd. v. PCIT (2022) 193 ITD 649 (Kol.)(Trib.)