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. 12A : Registration –Trust or institution- Maintenance of Shree Durga Mata Mandir- Registration application was made after 34 years of coming in to existence – No dissolution clause – Rejection of application is held to be not valid [ S. 12 ]

CIT v. Shree Durga Mata Mandir (2020) 275 Taxman 575 / 191 DTR 384 / 315 CTR 923 (P&H)(HC)

S. 11 : Property held for charitable purposes – Museum- Transfer of amount to Punjab State war heroes – Donee trust was not registered – Violation of provision- Addition is held to be justified [ S.11(2) , 11(3), 12AA ]

Maharaja Ranjit Singh War Museum Society, Ludhiana v. CIT (2020) 275 Taxman 640 / 191 DTR 368 / 315 CTR 423 (P&H)(HC)

S. 10B : Export oriented undertakings – Deemed export -Export undertaken through third party who had exported goods to foreign country and had fetched foreign currency for India would still remain deemed export in hands of assessee- Entitle to deduction .[S.10A, Form No 56G , Rule 16E ]

Granite Mart Ltd. v. ITO (2020) 193 DTR 231 / 315 CTR 714 (Karn.)(HC)

S. 271(1)(c) : Penalty – Concealment – Capital or revenue – Claiming deferred revenue expenditure – Levy of penalty is held to be not justified .

Indo Hongkong Industries (P.) Ltd. v .Dy. CIT(2021)85 ITR 53 (Trib) (SN.)(Delhi) (Trib)

S. 271(1)(c) : Penalty – Concealment -Additional ground – delay in filing cross objection- Legal ground can be raised first time before Appellate Tribunal- Not specifying the charge -Failure to strike out inappropriate words in notice — Penalty is bad inn law .[ S.274 ]

ACIT v. C. Aswathanarayana (2021) 85 ITR 74 (SN)(Bang) (Trib )

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Order of Tribunal holding in favour of assessee available at time of revision —Revision is held to be bad in law [ S.35(2AB )

Provimi Animal Nutrition India Pvt. Ltd. v .PCIT (2021) 187 ITD 214/ 85 ITR 9 (SN)(Bang) (Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Loss — Carry forward and set-off- Revision is held to be valid – Assessing Officer in giving effect to allow such set off for assessment

Infinity Infotech Parks Ltd. v . Dy. CIT (2021)85 ITR 1 (SN)(Kol) (Trib)

S. 254(1) : Appellate Tribunal- Powers-Even if no revised return filed, Assessee can claim exemption before appellate authorities — Claim under section 54F which was made first time before Appellate Authority ,admitted and directed the Assessing Officer to allow the claim in accordance with law [ S.54F ]

Thimmareddy Krishnareddy v. ITO (2021) 85 ITR 22 (SN)(Bang) (Trib)

S. 194C : Deduction at source – Contractors – Payment of common area maintenance charges for operation and maintenance of Mall — Payment made directly to service providers — Not part of rent paid to owner —Provision of section 194I is not applicable [ S.194I , 201(1)]

Kapoor Watch Co. Pvt. Ltd. v. ACIT (2021) 85 ITR 32 (SN)(Delhi) (Trib)

S. 153A : Assessment – Search-Unabated assessment- No incriminating material – Includes assessments for years for which time for issue of notice under section 143(2) has lapsed [ S.132, 143 (2)]

Dinesh Salecha v. Dy. CIT (2021) 85 ITR 41 (SN)(Mum) (Trib)