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. 237 : Refund -Excess deposit of advance tax – Mistake in the preparation of challan – Refund can be claimed only after due course of law . [ Art . 226 ]

Seema Jain ( Smt) v. PCIT ( 2021) The Chamber’ s Journal – February – P. 170 ( MP) (HC)

S. 192 : Deduction at source – Salary – Leave travel allowance – Failure to deduct at source – Travel to foreign country and as well as to destinations in India in a composite itinerary -Cannot be considered as assessee in default for failure to deduct tax at source [ .S.10(5) ]

State Bank of India v .ACIT ( 2021) 123 taxmann.com 447 ( Mum) (Trib)

S. 90 :Double taxation relief – Notification dated 18 -7 -2005 – Reducing the tax rate from 15% to 10% – Applicable for the entire year – DTAA- India – Singapore [ Art . 12 ]

DIT v. Autodesk Asia Pvt Ltd ( 2020) 275 Taxman 319/ 120 taxmann.com 324 / ( 2021) The Chamber’s Journal – February -P. 167 ( Karn) (HC)

S. 56 : Income from other sources – Award received in recognition of services to Indian Cricket From BCCI is exempt [ S. 12AA,56(2))(vii) ]

Maninder Singh v. ACIT ( 2021) BCAJ- February -P.47 ( Delhi) (Trib)

S. 56 : Income from other sources – Bonus shares – Fair market value of the bonus shares computed as per Rule 11U and IIUA of the Income -tax Rules cannot be assessed as income from other sources [ S.56(2)(vii)(c )]

PCIT v.Dr. Ranjan Pai ( 2021) The Chamber’s Journal – February – P. 168 ( Karn) (HC)

S. 55A : Capital gains – Reference to valuation officer – Finance Act, 2012 , w.e.f 1-7 2012 –Value as on 1 -4-1981 – Less than fair market value – Operates prospectively [ S.45 ]

Ranchodbhai C.Patel v.ITO ( 2021) 186 ITD 523/ 123 taxmmann.com 215 ( Surat ) (Trib)

S. 50C : Capital gains – Full value of consideration – Stamp valuation – Insertion of the proviso and subsequent enhancement in its limits to 10% – Curative in nature – Relates back to the date when the statutory provision of section 50C was enacted . i. e . 1 st April , 2003 [ S.43CA, 45, 56 ]

Maria Fernandes Cheryl v. ITO ( 2021) BCAJ – February – P. 47 ( Mum) (Trib)

S. 11 : Property held for charitable purposes – Funds in equity of a non profit company to carry on its objectives more effectively on account of Central Government policy – Denial exemption is not justified . [ S. 11(5) , 12 , 12AA, 13(1)(d), Companies Act , 1956 , S. 25 ]

ACIT v. Indian Broadcasting Foundation ( 2021) 186 ITD 241 /122 taxmann.com 123 ( Delhi) (Trib)

S. 10A : Free trade zone – Unabsorbed losses – Assessing Officer cannot reject the claim allowable under law even if it was not claimed in the return [ S. 32 (2), 72, 139(1),154 ]

Mistral Solutions Pvt Ltd v .DCIT ( 2021) 123 taxmann.com 125 / 200 DTR 140( Bang) (Trib)

Indian Succession Act , 1925

S. 32 : Devolution of such property – Partition-Family and Personal Laws – Relinquishment of right – Accepting money and ornaments in lieu of share in family property – Not entitle to claim share in family property thereafter [ S. 33 ]

Pharez Johan Abraham ( Dead) by Legal Representatives v. Arul Jothi Sivasubramaniam K . & Ors ( 2020) 13 SCC 711