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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Wealth -tax Act, 1957
S. 21AA: Assessment – Association of persons – Members’ Club — No business or profession carried on by social members’ Club- Surplus assets to be divided equally amongst members — Members’ shares determinate at that date —Club not chargeable to Wealth-Tax. [ S.2(31) 3(1) ]
Bangalore Club v. CWT (2020) 427 ITR 260/ 316 CTR 622/ 193 DTR 441/ 275 Taxman 480 (SC )
S. 276CC : Offences and prosecutions – Failure to furnish return of income – Quashing complaint — Power of High Court — No power to consider facts [S.54F , Criminal Procedure Code, 1973, S. 482 ]
Jayashree (Mrs.) v. ITO (2020) 427 ITR 209 (Mad) (HC)
S. 271(1)(c) : Penalty – Concealment – Search and seizure -Block assessment – Penalty confirmed – Direction by CIT(A) regarding levy of penalty under S. 271AAA was rightly deleted by the Tribunal- Assessee has not challenged the levy of penalty u/s 271(1)( c ) of the Act . [ S. 153A,251, 271AAA]
R. Mahalakshmi ( Smt). v ACIT (2020) 427 ITR 126 /193 DTR 313/ 273 Taxman 17 (Mad)(HC)
S. 263 : Commissioner – Revision of orders prejudicial to revenue –Duty drawback – Subject matter of appeal- Issue neither considered nor decided in appeal before Commissioner (Appeals) — Revision is held to be proper . [ S.80I,147 , 251 ]
Nahar Spinning Mills Ltd. v. CIT (2020) 427 ITR 131/193 DTR 161/ 274 Taxman 325/ (2021) 318 CTR 108 (P&H)(HC)
S. 260A : Appeal – High Court -Substantial question of law — speculative transaction —Remand by tribunal to consider nature of transaction — No question of law . [S. 43(5), 73(1) ]
Capricorn Food Products India Ltd. v Asst. CIT-Tax (2020) 427 ITR 120 (Mad) / 273 Taxman 312 (HC)
S. 260A : Appeal – High Court – Rejection of accounts – Estimation of income – No perversity in finding of facts by Tribunal — Appeal not maintainable-No substantial question of law [ S.144 ]
CIT v. SPL Infrastructure Pvt. Ltd. (2020) 427 ITR 213 /274 Taxman 292(Mad) (HC)
S. 254(1) : Appellate Tribunal – Duties-Condonation of delay — Adequate reason – delay of 154 days-Delay should be condoned [ S.253, 263 Limitation Act ,1963 , S 5 ]
Thunuguntla Jagan Mohan Rao v .Dy. CIT (2020) 427 ITR 204/ 275 Taxman 218/ (2021) 198 DTR 171/ 319 CTR 200 (Telangana) (HC)
S. 254(1) : Appellate Tribunal – Duties-Rule of consistency — Judicial discipline — Tribunal wishing to take different view from its earlier decision in assessee’s own case on same issues — Only option is to refer to larger bench — Matter remanded to Tribunal [ S.253 ]
Sarvodaya Mutual Benefit Trust, Thellar v. PCIT (2020) 427 ITR 153 (Mad) (HC)
S. 254(1) : Appellate Tribunal- Powers- Donation -Power to remand matter- Based on the statement made by the donee, the Tribunal had rightly remanded the matter to the Assessing Officer . [ S.35(1)(ii) ]
Krupa Trading Co. v. ITO (2020) 427 ITR 224 /271 Taxman 166 (Mad)(HC)
S. 246A : Appeal – Commissioner (Appeals) – Appealable orders – Single Judge refusing request for passing over and dismissing petition on merits- Order of Single judge is set aside – CIT (A) is directed to disposal of appeal on merits expeditiously . [ S115JC , Art ,226 ]
S. Gurushankar v. CIT(Appeals) v. (2020)427 ITR 187/( 2021 ) 319 CTR 408 (Mad)(HC)