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-Computation of income-Depreciation-Provision barring allowance of depreciation on asset whose acquisition treated as application of income-Prospective-Entitled to depreciation for earlier years-Provision for bad and doubtful debts and bad debts-Provision restricting allowance to debts written off applicable only prospectively-Provision reasonably made for loss or outgoing, can be deducted from income if there is apprehension that debt might become bad-Losses arising on sale of assets to be considered while computing income. [S.2 (15), 11(6), 32, 28 to 44, 45 to 48]

ACIT(E) v. Indraprastha Cancer Society and Research Center (2020) 77 ITR 27 (SN) (Delhi)(Trib.)

S. 10A : Free trade zone-Special economic zones-Conversion of Export processing zone unit into special economic zone unit-Exemption cannot be denied.

Classic Linens International P. Ltd. v. Dy.CIT (2020) 77 ITR 1 (Chennai)(Trib.)

S. 10 (23C) : Educational institution-Not doing any activity other than education nor hospital run for commercial purpose or any purpose other than teaching-Withdrawal of exemption is not justified-Notice is signed by the AO which was approved by the CIT and which was corrected by him in his own hand writing Notice signed by the AO on behalf of the CIT is held to be valid-Revision notice is valid. [S. 10(23C(vi), 12AA, 263, 292BB]

Singhania University v. CIT(E) (2020) 77 ITR 501 / 184 ITD 487/ ( 2021 210 TTJ 161 (Jaipur)(Trib.)

S. 10(13A) : House rent allowance-Qualifying amount-Ten Per Cent. of Salary-Performance bonus-Does not form part of salary for purpose of S.10(13A) Entitled to allowance at ten Per cent. of salary excluding performance bonus. [R. 2A]

Sudip Rungta v. Dy.CIT (2020) 77 ITR 63 (SN) (Kol.)(Trib.)

S. 2(42A) : Short-term capital asset-Shares of unlisted company– Holding shares for more than 12 months and transferring them prior to 31-03 2014 to be treated as long term capital gains-Holding Shares for more than 12 months and transferring them prior to 31-3-2014-Entitled to benefit of shorter period of holding-Gains to be Treated as long-term. [S. 2(29A), 2(29B), 45]

Neelu Analjit Singh (Mrs.) v. Add.CIT (2020) 77 ITR 220/ 189 DTR 163/ 204 TTJ 540 (Delhi)(Trib.)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – No loss to revenue – Assessment after detailed inquiry – Revision is held to be not valid [ S. 45(2), 143(3) ]

PCIT v . Rakesh Kumar Agarwal ( 2020) BCAJ -March – P. 54 ( Bom) (HC)

S. 268A : Appeal-Monetary limit-Less than Rs 1 crore-Appeal is dismissed. [S. 260A]

PCIT v. Mangal Tirth Estates Ltd. (2020) 269 Taxman 80 (Mad.)(HC)

S. 11 : Property held for charitable purposes-Charitable purpose-Activities of relating to providing services of relief to poor, education and medical relief would fall within scope of general public utility-Entitle to exemption. [S.2(15,) 12, 12A, 80G]

CIT v. Praxis Institute For Participatory Practices. (2020) 113 taxmann.com 148/ 269 Taxman 39 (Delhi) (HC) CIT v. Praxis Institute For Participatory Practices. (2020) 113 taxmann.com 147/ 269 Taxman 39 (Delhi) (HC) Editorial: SLP is granted to the revenue; CIT v. Praxis Institute For Participatory Practices. (2020) 113 taxmann.com 149/ 269 Taxman 38 (SC)

S. 271(1)(c) : Penalty-Concealment-Deletion of penalty on the basis of order of sister concern is held to be justified-No question of law. [S. 260A].

PCIT v. Synbiotics Ltd. (2019) 112 taxmann.com 399 / (2020) 269 Taxman 51 (Guj.)(HC) Editorial : SLP of revenue is dismissed; PCIT v. Synbiotics Ltd. (2020) 269 Taxman 50 (SC)

S. 271(1)(c) : Penalty- Concealment-Capital gains on sale of land-Revised return prior to issue of notice u/s 153C-Deletion of penalty is held to be justified. [S. 45, 139(3), 153C ]

PCIT v. Prabhjot Kaur Chhabra. (2020)113 taxmann.com 140 / 269 Taxman 35 (MP) (HC) Editorial: SLP of revenue is dismissed ; PCIT v. Prabhjot Kaur Chhabra. (2020) 269 Taxman 34 (SC)