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. 143(3): Assessment -Bogus purchases – Estimation of profit at 10% of total alleged bogus purchases is held to be justified – No substantial question of law [ S.37 (1), 40A(3), 260A ]
PCIT v. JK Surface Coatings Pvt Ltd ( Bom ) ( HC ) www.itatonline .org .
S. 143(3): Assessment – Natural justice –Covid-19 – Lockdown – Returned income was loss of Rs.10, 57,049 and income assessed was 114. 57 ,33, 424 – Only three working days notice was given to file various details – Order passed without giving sufficient time is violative of the principle of natural justice – Order was set aside . [ S. 144, Art. 226 ]
SPL Gold India Pvt Ltd v.ACIT ( Bom ) (HC) www.itatonlline .org
S. 68 : Cash credits – Share application money –Accommodation entries – Statement of Shri Shirish C.Shah – Investor companies have responded to the notices issued u/s 133(6 and summons issued u/s 131 of the Act – Deletion of addition is held to be justified [ S. 131, 132 (4), 133(6) ]
ITO v. Nita Jajoo Ventures Pvt Ltd (2021 ) The Chamber’s Journal – September -P. 76 ( Mum) ( Trib)
S. 32 : Depreciation – iPad is a communicating device and not a computer, hence, ineligible for higher rate of depreciation of 60 per cent.
Kohinoor Indian ( P) Ltd v.ACIT (2021) 191 ITD 593 / 129 taxmann.com 396 (Amritsar) ( Trib.)
S. 12AA : Procedure for registration –Trust or institution-Education- Excess of expenditure over income – Exemption cannot be denied [ S. 2(15), 11 ]
S. 12AA : Procedure for registration –Trust or institution-Education- Excess of expenditure over income – Exemption cannot be denied [ S. 2(15), 11 ]
CIT v. Angels Education Trust ( 2021 ) 129 taxmann.com 305 ( Mad ) ( HC)
S. 144B : Faceless Assessment – Draft assessment order – Natural justice – Order passed without following the procedures laid down under section 144B of the Act is ab-initio -void [S. 143 (3), Art , 226 ]
Piramal Enterprises Ltd v. Add. CIT ( 2021 ) The Chamber’s Journal- September – P. 69 ( Bom ) ( HC)
Registration Act, 1908
S. 17: Documents of which registration is compulsory – Effect of non-registration of documents required to be registered – Deed of Family Settlement – Merely recording of past transaction – Registration not mandatory- It may not require to be stamped.[ S. 49, Code of Civil Procedure, 1908, Ord. 13, R. 3]
Korukonda Chalapathi Rao & Ors v. Korukonda Annapurna Sampath Kumar MANU/SC/0757 /2021 (SC) / , 2021(4)RCR(Civil)433 (SC) (SC)
Oral hearing is an important ingredient of the justice delivery system-An open court proceeding ensures that the judicial process is subject to public scrutiny- Public scrutiny is crucial to maintaining transparency and accountability-.Transparency in the functioning of democratic institutions is crucial to establish the public‘s faith in them…….. – Successor Judge -Has to give oral hearing before passing the order . [ Code of Civil Procedure, 1908 , Order XVIII Rule, (2) ]
Md. Abul Kalam v. UOI (Gauhati) (HC) www.itatonline.org
S. 11 : Property held for charitable purposes – Charitable purpose – Strive to promote the trade , commerce and manufacturers of India without seeking to make profits for its members is charitable purpose – Denial of exemption is held to be not justified [ S. 2(15 ) ]
Bombay Chamber of Commerce v. ITO ( E ) ( Mum ) ( Trib ) www.itatonline.org