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. 13 : Denial of exemption-Trust or institution-Investment restrictions – Advance of money to group trust which are having similar objection – Denial of exemption is held to be not valid [ S. 11(5), 13(1)(d)]
CIT v. Daughters of Marry Immaculate & Collaborators ( 2021) 200 DTR 210( Mad) (HC)
S. 12AA : Procedure for registration –Trust or institution-Mixed objects –Religious as well as charitable objects -Refusal of registration was held to be not justified . [ S. 11, 80G(v), 80G(vi) ]
CIT (E) v. Sri Maramaa Temple Seva Trust (2021) 320 CTR 353 / 200 DTR 282 (Karn) ( HC) CIT (E) v. Sri Maramaa Temple Seva Trust (2021) 320 CTR 353 / 200 DTR 282 (Karn) ( HC)
S. 12AA : Procedure for registration –Trust or institution-Mixed objects –Religious as well as charitable objects -Refusal of registration was held to be not justified . [ S. 11, 80G(v), 80G(vi) ]
CIT (E) v. Sri Maramaa Temple Seva Trust (2021) 320 CTR 353 / 200 DTR 282 (Karn) ( HC)
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record –Divergent view whether appeal will lie against the dismissal of miscellaneous application – Order of single judge and Tribunal was was set aside – Directed the Tribunal to consider the additional ground . [ S. 132, 153A, 254 (1), 260A , Art , 226 ]
Moidu’s Medicare (P) Ltd. v. Dy. CIT (2021) 198 DTR 37 / 319 CTR 187 (Ker)(HC) Editorial : Single Judge order Moidu’s Medicare (P) Ltd. v. Dy. CIT (2021) 198 DTR 48 / 319 CTR 197 (Ker)(HC)
S. 226 : Collection and recovery – Modes of recovery – Appeal pending before CIT (A)-Deposited 20 % of tax in dispute- Stay was granted till the disposal of appeal by CIT (A) [ S. 225 , Art , 226 ]
Siolim Urban Co-op Credit Society Ltd. v. CIT (2021) 198 DTT 228 / 319 CTR 213 (Goa) (Bom.)(HC)
S. 197 : Deduction at source – Certificate for lower rate – Technical inadequacy of the system- Withholding tax certificates was directed to be issued with effective from 1st April, 2019 for FY 2019-20 [ S.90 (2), Art, 226 ]
British Airways Plc v. ITO (2021) 198 DTR 369 / 319 CTR 282 (Delhi)(HC)
S. 148 : Reassessment –Notice – Disputed question of fact – Matter remanded to the Assessing Officer . [ S. 142(1), 147,Art , 226 ]
Bhola Ram Steel (P) Ltd v. PCIT (2021) 198 DTR 94 / 319 CTR 494 (Pat)(HC)
S.147: Reassessment – After the expiry of four years – Depreciation – Undisclosed income – No failure to disclose material facts -No power to review the order – Notice issued to reopen the assessment was quashed [ S.148, Art , 226 ]
Shaspayee Paper & Boards Ltd v. UOI (2021) 198 DTR 97 / 319 CTR 293 (Mad ) (HC)
S. 11 : Property held for charitable purposes – Running of pharmacy – Pharmacy store was ancillary to the main object of running the hospital- Denial of exemption was held to be not justified . [ S 10, 10(22), 10(23C)(via), 11(4A)]
PCIT (E) v. National Health & Education Society (2021) 197 DTR 147 / 318 CTR 500 (Bom) (HC )
S. 80HHC : Export business – Order not given effect even after eight years of passing the order- The Assessing Officer was directed to give effect of the Order of Tribunal within a period of one month from the receipt of the certified copy of this judgment.-Non compliance of the order the Assessing Officer made liable to pay cost of Rs ,25000. From his salary [ S. 254 (1), Art . 226 ]
Mohanachandan Nair, B. v . A CIT ( 2021 ) 197 DTR 217/ 318 CTR 495 (Ker) (HC)