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. 2(22)(e): Deemed dividend-Loans and advances to shareholders-Amount received as share application money by companies from companies in both of which assessee had beneficial interest, was not loan and advances-Addition cannot be made as deemed dividend. (S.260A)

PCIT v. Vikas Oberoi (2020) 115 taxmann.com 260 (Bom.) (HC) Editorial : SLP of revenue is dismissed PCIT v. Vikas Oberoi (2020) 272 Taxman 188 (SC

S. 23 : Income from house property – Annual value – Annual value should be restricted to municipal ratable value – Estimate at 6% of cost of value of flat was held to be not justified . [ S. 22, 23 (1)(c) ]

Amit Balakrishna Jalan v . ACIT ( Mum) ( Trib) www.itatonline.org

Prohibition of Benami Property Transactions Act, 1988

S.3: Prohibition of benami transactions – Right to recover property held benami – Onus of establishing that a transaction is benami is upon one who asserts it . [ S.4 ]

Prohibition of Benami Property Transactions Act, 1988

S.3: Prohibition of benami transactions – Right to recover property held benami – Onus of establishing that a transaction is benami is upon one who asserts it . [ S.4 ]

Fair Communication & Consultants v. Surendra Kardile ( 2020 ) 269 Taxman 453 (SC)

S. 115JB : Book profit – Provision for doubtful debts – Written back and allowed – Not to be added for book profit .

BOB Financial Solutions Ltd v. DCIT ( 2021 ) BCAJ-April – P. 56 (Mum) ( Trib)

S.54F : Capital gains- Investment in a residential house – Sale consideration was not deposited in a bank as per capital gain account scheme – Investment in acquisition of house was made with in the time prescribed – Denial of exemption was held to be not justified [ S.45 54F(4) ]

Ashok Kumar Wadhwa v. ACIT ( 2021) BCAJ – April – P. 56 ( Delhi ) ( Trib)

S. 220 : Collection and recovery – Assessee deemed in default – Stay – Pendency of appeal before CIT (A) – Entire demand was kept in abeyance till the disposal of appeal on merits by CIT (A) [S. 147 , 156, 220 (6) ,Art , 226 ]

Mayur Kanjibhai Shah v ITO ( 2021) BCAJ – April – P. 66 ( Bom) (HC)

S. 139 : Return of income –Audit – Extension of due date of filing – COVID-19 – Power of CBDT is discretionary -CBDT was justified in denying further extension [ S. 119 , Art , 226 ]

CVO Chartered & Cost Accountants’ Association, Mumbai v.UOI (2021) 434 ITR 219/ 278 Taxman 307/ 198 DTR 85/ 319 CTR 60 (Bom) (HC) www.itatonline .org

S. 68 : Cash credits – Capital gains – Penny stocks – STT paid – Denial of exemption is held to be not justified [ S. 10(38), 45, 69 ]

Achal Gupta v. ITO (Luck)(Trib). www.itatonline.org Udit Gupta v.ITO (Luck ) ( Trb) www.itatonline.org Rakesh Narain Gupta HUF v. ITO ( Luck ) ( Trib) www.itatonline.org

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Quantum and penalty appeal was pending-Prosecution is stayed until final judgement was delivered by Tribunal in pending appeal. [S. 143(3), 156, 271(1)(c) Code of Criminal Procedure, S. 482]

Hemal Manubhai Patel v. State of Gujarat (2021) 277 Taxman 323 / 200 DTR 57 / 321 CTR 505(Guj.)(HC)

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Failure to file return-Refund due to assessee-Abuse of process of law-Prosecution was quashed. [S. 139(1), 276C(1)(i), 276CC Cr. P.C, S.482]

Rajkumar Thiyagarajan v. Income Tax Department, Madurai (2021) 277 Taxman 437 (Mad.)(HC)