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
Click here to download the pdf versions of the Digest of case laws
S.14A : Disallowance of expenditure-Exempt income – Suo motu disallowance-Additional disallowance cannot be made by general remarks without satisfying himself as to correctness of disallowance – Addition is deleted.[R.8D]
Tata Steel Ltd. v. Dy. CIT (2024)109 ITR 18 (Mum) (Trib)
S.14A : Disallowance of expenditure-Exempt income-Failure to record objective dissatisfaction-Not examined the working submitted by assessee – Disallowance is deleted.[R.8D]
Dy. CIT v. Reliance Industries Ltd. (2024)109 ITR 180 (Mum)(Trib)
S. 10AA : Special Economic Zones-Qualifying profits 1Computation 1Gross total income 1Deduction to be allowed from the total income and shall not exceed such total income. [S.80AB]
Dy. CIT v. Reliance Industries Ltd. (2024)109 ITR 180 (Mum)(Trib)
S. 74: Losses- Capital gains- Short term capital loss from sale of shares – Issue of bonus shares – Sale of original shares – Loss is allowable to be set off against the long term capital gain – Allegation of colourable device is not accepted .[ S. 45 ]
ACIT v. Renu Vohara (Mum)( Trib) www.itatonline.org .
Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015)
S. 43 : Penalty for failure to furnish return of income an information or furnish inaugurate particulars of an asset (Including financial interest in any entity) outside India –Failure to report foreign assets in the return- Employees Stock option- Tax is deducted at source – Failure to disclose – Income was disclosed – Penalty provision should not be invoked for punishing a technical /venial /bonafide breach of any statutory obligation – Bonafide actions of the tax payers must be excluded from the application of provisions of this stringent legislation- Levy of penalty is not valid . [ S. 2(11) ITAct , S. 17(2) ]
ACIT v. Rohit Krishna ( Mum)( Trib) www.itatonline .org .
S. 275 : Penalty-Bar of limitation-Concealment of income-Disallowance of claim-Depreciation-[S. 22, 24,32, 271(1)(c)]
Kamal Enterprises and New Life Hospital. v. DCIT (2024) 206 ITD 90 (Hyd) (Trib.)
S. 271B :Penalty-Failure to get accounts audited-Failure to keep maintain-Retain books of accounts-Documents-Not maintained books of account-Penalty cannot be levied. [S. 44AA, 271A]
Balasingam Somasundaram v. ACIT (2024) 206 ITD 643/231 TTJ 350 (Chennai) (Trib.)
S. 271B : Penalty-Failure to get accounts audited-Share broker-Tax audit-Penalty-Commission income constitute turnover and not sale price of commodities-Penalty is deleted. [S.44B]
Parag Hashmukhbhai Davda v. ITO (2024) 206 ITD 456 (Rajkot) (Trib.)
S. 271A : Penalty-Failure to keep maintain-Retain books of accounts-Documents-Audit of accounts-Once penalty is levied for non-maintenance of books of account, no penalty under section 271B can be levied. [S.44AB, 271B]
Haresh Ghanshyamdas Makhija v. ITO (2024) 206 ITD 149 (Mum) (Trib.)
S. 271(1)(c) : Penalty-Concealment-Returned income and assessed income are same-Penalty for concealment of income cannot be levied.[S. 139]
Haresh Ghanshyamdas Makhija. v. ITO (2024) 206 ITD 149 (Mum) (Trib.)