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.56 : Income from other sources – Property received without consideration or for consideration less than its fair market value — Issue of bonus shares by capitalization of reserves does not result in inflow of any funds or property and is not assessable under section 56(2)(vii)(c)[ S.56 (2)(vii)(c)]

PCIT v. Dr. Ranjan Pai (2021) 431 ITR 250/197 DTR 314/ 318 CTR 603/ 278 Taxman 138 (Karn) (HC)

S. 40(a)(ia) : Amounts not deductible – Deduction at source – Handling charges paid to persons for in turn paying multiple labourers – TDS provisions not applicable – matter remanded back to CIT(A) for re-examining evidence which he refused to accept .

C.S. Raghoji (Bellary) v. DCIT (2020) 119 taxmann.com 143 /(2021) 277 Taxman 61 (Karn)(HC)

S. 32 : Depreciation – Asset put to use for less than 180 days – additional depreciation of 10% allowed in the year and balance 10% would be allowed in the subsequent year [S. 32(1)(iia)]

CIT v. Aztec Auto (P.) Ltd (2020) 119 taxmann.com 215 /(2021) 277 Taxman 273 (Mad.)(HC)

S. 32: Depreciation – Granted in ealier years and latter years – Order set aside for fresh consideration

Ponni Sugars (Erode) Ltd. (2021) 197 DTR 133 / 318 CTR 676 (Mad) (HC)

S. 12AA : Procedure for registration –Trust or institution-Amendment in section 12AA applicable with effect from AY 2011-12 – retrospective cancellation of registration of trust with effect from AY 2010-11 is without jurisdiction. [S. 2(15)]

Thanthi Trust v. DIT (2020) 196 DTR 57/ 121 taxmann.com 119 (2021) 318 CTR 403 (Mad) (HC) Editorial : SLP granted to the revenue , DIT ( E) v. Thanthi Trust ( 2021 ) 281 taxman 216 ( SC)

S. 12AA : Procedure for registration – Trust or institution – Assessee deemed to have abandoned or waived off their claim made in first application on filing second fresh application – Commissioner justified in granting registration taking into consideration second application and not retrospective registration basis first application .[ From No.10A ]

Carmel Educational and Charitable Trust .v. ITO (2020) 121 taxmann.com 278 / (2021) 277 Taxman 165 (Mad) (HC)

S. 11 : Property held for charitable purposes – Statutory body- Functions of assessee were fully controlled by instructions issued by Government – Assessee was engaged in charitable activity through advancement of an object of general public utility. [ S. 2(15) , Karnataka Industrial Area Development Act, 1987 ]

Karnataka Industrial Area Development Board .v. Addl DIT (E), (2020) 121 taxmann.com 88 / (2021) 277 Taxman 36 (Karn)(HC)

S. 11 : Property held for charitable purposes- Since lower authorities had not rendered any finding that activity carried out by assessee-trust was a commercial activity, benefit of exemption could not have been denied to assessee Matter remanded to AO to take fresh decision [ S.2(15)]

Employers Federations of Southern India .v. CIT (E) (2020) 122 taxmann.com 87 / (2021) 277 Taxman 266 (Mad) (HC)

S. 10B: Export oriented undertakings – Submission of declaration to be treated as directory – Provision of the section did not provide for any consequence on non-filing of declaration within the time limit. [S.10B(8) , 72]

PCIT. v. Wipro Ltd (2021) 123 Taxmann.com 393 / 277 Taxman.com 309 (Karn)(HC)

S. 10(23C) : Educational Institution – Assessee filed an application for gaining exemption -Application was rejected being delayed – Application for AY. 2018-19 was not delayed –Order for the exemption for further AY. 2018-19 needs to be passed accordingly – Petitioner to file condonation application with CBDT for current AY 2019-20 [S. 10(23C) (vi), 119(2)(b). , Art , 226 ]

Sanjay Ghodawat University, Kolhapur v. CIT(E) (2021) 431 TR 559/202 DTR 396/ 280 Taxman 63 /124 taxmann.com 6 / 322 CTR 54(Bom)(HC)