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. 28(iiic) : Business income-Duty Customs or Excise repaid-Capital asset-Project was not in operation Reduce cost of project-Cannot be assessed as income. [S. 4, 145]
PCIT v. Maithon Power Ltd. (2021) 124 taxmann.com 204 (Delhi)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Maithon Power Ltd. (2021) 277 Taxman 406 (SC)
S. 14A : Disallowance of expenditure-Exempt income-No expenditure was incurred directly or indirectly-No disallowance can be made.
PCIT v. Infosys BPO Ltd. (2021) 277 Taxman 320 (Karn.)(HC)
S. 12AA : Procedure for registration-Trust or institution-First application was pending-Second application was filed-Retrospective registration could not be granted based on the first application. [Rule, 17A, Form No. 10A]
Carmel Educational and Charitable Trust v. ITO (2021) 277 Taxman 165 (Mad.)(HC)
S. 10A : Free trade zone-Export turnover-Total turnover-Expenses incurred by in foreign currency was to be excluded from both export turnover and total turnover for computation of deduction.
PCIT v. Infosys BPO Ltd. (2021) 277 Taxman 320 (Karn.)(HC)
S. 10(23C) : Educational institution-Exemption cannot be denied on ground that it does not have independent Memorandum of Association, Bye laws, etc. [S. 10 (23)(vi)]
CIT v. Sengunthar Matriculation Higher Secondary School (2021) 277 Taxman 252 (Mad.)(HC)
Prohibition of Benami Property Transaction Act, 1988
S. 2(9) : Benami transaction – Property held in spouses’s name- Notice issued was stayed . [ S.24 ]
Mallika Chamua v. Union of India (2021) 277 Taxman 574 (Gauhati)(HC)
The Direct Tax Vivad Se Vishwas Act, 2020.
S. 4 : Filing of declaration and particulars to be furnished – – Withdrawal application is allowed – Given liberty to restore this appeal in event ultimate decision to be taken on declaration filed by assessee under section 4 was not in favour of assessee . [ S.254 (1)
CIT v. Rikhabchand Vinod Kumar (2021) 277 Taxman 431 (Mad.)(HC)
The Direct Tax Vivad Se Vishwas Act, 2020.
S. 4 : Filing of declaration and particulars to be furnished – Remand of matter – Withdrawal application is allowed – Given liberty to restore this appeal in event ultimate decision to be taken on declaration filed by assessee under section 4 was not in favour of assessee
CIT v. J. Ashok Kumar (2021) 277 Taxman 434 (Mad.)(HC)
Direct Tax Vivad Se Vishwas Act, 2020
S. 4 : Filing of declaration and particulars to be furnished – Withdrawal application is allowed – Given liberty to restore this appeal in event ultimate decision to be taken on declaration filed by assessee under section 4 was not in favour of assessee [ S. 54F ]
Chokkalingam Sudhakar v. Dy. CIT (2021) 277 Taxman 312 (Mad.)(HC)
S. 147 : Reassessment – Book profit – No failure to disclose material facts – With in four years – Change of opinion – Reassessment is held to be bad in law . [ S.14A, 115JB , 148 ]
Dy .CIT v. Jamnalal Sons ( P )Ltd ( 2020 ) 189 DTR 69/ 203 TTJ 1008 ( Nag) ( Trib ) Dy.CIT v. Bachhraj Bhavan ( 2020 ) 189 DTR 69/ 203 TTJ 1008 ( Nag) ( Trib )