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S. 184 : Merger of Tribunals and other Authorities and Conditions of Service of Chairpersons , Members etc – Excessive delegation – Whether Unconstitutional- Courts , Tribunals and Judiciary -Appointment process -Independence of Judiciary [ S.183 , Constitution of India , Art . 124, 214, 216, 226, 323-A ,323-B ]
Rojer Mathew v . South Indian Bank Ltd , Referred by its Chief Manager and Ors ( 2020) 6 SCC 1Constitution of India.
Art 141 : Law declared by the Supreme Court shall be binding on all courts with in territory of India – Binding precedent -A decision , unaccompanied by reasons can never be said to be a law declared by the Supreme Court , though it will bind the parties inter se in drawing the curtain on the litigation .
UOI v. M.V.Mohan Nair ( 2020) 5 SCC 421Interpretation – Doctrine of precedents and stare decisis -Binding precedent .
Shah Faesal (Dr.) v. UOI ( 2020) 4 SCC 727 ( 5-Judge Bench )Interpretation- Precedent – Doctrine of merger- Non -Speaking order of Supreme Court refusing to special leave to appeal – Doctrine of merger would not apply . [ Constitution of India , Art . 141 ]
Zahedabi Abdul Razaque Shete and Ors v. Maharashtra State Board of Waqf Pan Chakki Aurangabad AIR 2020 Bom 100S. 2(22)(e):Deemed dividend – Loans and advances to subsidiary – Not established the business purposes – Addition as deemed dividend is held to be valid – Reassessment is also held to be valid [ S. 147 , 148 ]
Empire Holdings Ltd v. Dy.CIT ( 2019) 112 taxmann.com 319 ( Chennai) (Trib)S. 2(22)(e):Deemed dividend –Redeemable debenture – Addition cannot be made as deemed dividend – Advance for purchase of machinery – In the course of business addition cannot be made as deemed dividend – Intercorporate deposit – Repaid before end of relevant year – Addition as deemed dividend is held to be justified
ACIT v. Jasubhai Engineering (P) Ltd ( 2020) 184 ITD 388/ 118 taxmann.com 430 (Mum) ( Trib)S. 2(22)(e):Deemed dividend – Business transaction – Common directors – Advance in the course of business as commercial transactions – Addition cannot be made as deemed dividend
ITO v. Yashovardhan Tyagi ( 2020) 184 ITD 461 / 116 taxmann.com 899( Delhi) ( Trib)S. 2(22)(e):Deemed dividend – Share holder – Transferred share holding on borrower company to lender company before advance of loan – Addition cannot be made as deemed dividend .
ACIT v. Gurdeep Singh ( 2020) 183 ITD 317 / 117 taxmann.com 451 / 206 TTJ 872 / 80 ITR 14 (SN) ( Chd) (Trib)S. 2(22)(e):Deemed dividend – Allotment of shares- Debited value of shares in the ledger account – Addition of debit balance as deemed dividend is held to be not be not justified .
Dy .CIT v .Veena Goyal ( Smt.) (2020) 119 taxmann.com 362 / 186 ITD 298( Jaipur ) (Trib)S. 2(1A) : Agricultural income – Rubber manufacturer – Sale of rubber trees and timber cannot be brought to tax under rule 7A [ R.7A ]
Aspinwall and Co Ltd v. ACIT (2020) 183 ITD 621 / 116 taxmann.com 851 ( Cochin) (Trib)