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-Income from business or business held in trust-Main object is for establishing, maintaining and running a hospital for philanthropic purposes and not for the purpose of profit-Entitle exemption. [S. 2(15)]

Bharathakshemam v. PCIT (2021) 320 CTR 198 / 199 DTR 113 (Ker.)(HC)

S. 10A : Free trade zone-Export turnover-Telecommunication expenses and foreign currency expenditure not to be excluded from export turnover.

PCIT v. HCL Comnet Systems And Services Ltd. (2021) 433 ITR 251 (Delhi)(HC)

S. 4 : Charge of income-tax-Carban credit-Capital or revenue-sale of certified emission reduction credit, which the assessee earned on the clean development mechanism in its wind energy operations, was a capital receipt and not taxable.

CIT v. Ambika Cotton Mills Ltd. (2021)433 ITR 193 / 279 Taxman 405 (Mad.)(HC) Editorial : Order in Ambika Cotton Mills Ltd. v Dy. CIT (2013) 27 ITR 44 (Chennai)(Trib.) is affirmed.

S. 254(2)): Appellate Tribunal – Rectification of mistake apparent from the record-Duties – High Court directed the Appellate Tribunal to upload the daily order sheets and revised cause list on its website – System in this regard be put in place by the ITAT , if not already there as expeditiously as possible , preferable within three months [ S. 253 , 254(1), 255 , , ITAT Rules ,1963 19, 20Art . 226 ]

Ankit Kapoor v. ITO ( 2021 ) 205 DTR 21/ 322 CTR 208/ ( 2022) 440 ITR 386 ( Delhi ) (HC)

S. 56 : Income from other sources – DCF Method – Receipt of consideration for issue of shares in excess of their market value – Valuation of shares- Following the prescribed method – Addition based on estimate is held to be not justified – Deletion of addition is held to be justified [ S.56 (2)(viib ) , 68, R 11UA (2)(b) ]

PCIT v. Cinestaan Entertainment Pvt. Ltd. (2021) 433 ITR 82/ 199 DTR 345/ 320 CTR 381 (Delhi) (HC) Editorial : Order of Tribunal in PCIT v. Cinestaan Entertainment Pvt. Ltd (2019) 180 DTR 65/ 200 TTJ 459 / 177 ITD 809 (Delhi)(Trib.),affirmed .

S. 271(1)(c) : Penalty-Concealment-Notice-Not mentioning the specific charge for concealment of income or furnishing inaccurate particulars of income-Deletion of penalty is held to be justified.

PCIT v. Sahara India Life Insurance Co. Ltd. (2021) 432 ITR 84 (Delhi) (HC)

S. 264 : Commissioner-Revision of other orders-Fringe Benefits Tax-Claim for refund based on order of Tribunal-Commissioner bound by circular-Limitation does not apply to CBDT for passing order u/s 119-Principle of fairness and reasonableness is constitutional mandate-CBDT is directed to entertain the application for grant of refund. [S. 115WD(4), 119,Art, 14, 164]

Karur Vysya Bank Ltd. v. PCIT (2021) 432 ITR 622/ 281 Taxman 532 / 207 DTR 54/ 323 CTR 429 (Mad.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Business expenditure-Carry forward of loss-Acceptance of claim Of without application of mind to material on record-Revision of order setting aside the Assessment order is held to be justified. [S. 37(1), 72]

PCIT v. Zuari Maroc Phosphates Ltd. (2021) 432 ITR 316 / 279 Taxman 333 (Goa) (Bom.)(HC)

S. 260A : Appeal-High Court-Remand to Tribunal by High Court-Block assessment-Limitation-Question of limitation can be raised before the Tribunal in remand proceedings-Matter remanded to the Tribunal. [S. 132, 158BC, 254(1)]

Karnataka Financial Services Ltd. v. ACIT (2021) 432 ITR 187 (Karn.) (HC)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Duty of Tribunal to decide on merits-Dismissal of first application for restoration was dismissed for non-prosecution-Dismissal of second application by invoking amendment-Dismissal was held to be not Valid-Appeal restored to original position [ITATR,1963, 24, Art. 226]

Pradeep Kumar Jindal v. PCIT (2021) 432 ITR 48 / 200 DTR 141 / 320 CTR 326 / 279 Taxman 14 (Delhi) (HC)