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. 14A : Disallowance of expenditure – Exempt income – Investments far below reserves and surpluses — Presumption that invested out of reserves and surpluses — No disallowance shown -Disallowance to the extent of Rs. 1,17,760 was sustained. [ R.8D( 2)(ii) , 2(iii) ]

Mahavir Steel Industries Ltd. v ACIT (2020) 81 ITR 34 (SN) (Pune ) (Trib)

S. 14A : Disallowance of expenditure – Exempt income – Only Investments which yielded exempt income during relevant period to be considered for computing average value of investment [ R.8D ]

Gujarat Mineral Development Corporation Ltd. v ACIT (2020) 81 ITR 57 (SN) ( Ahd) (Trib)

S. 14A : Disallowance of expenditure – Exempt income – Not recording dissatisfaction with the working of disallowances given by the Assessee- No disallowance can be made – Industrial undertaking – Matter remanded to the Assessing Officer .[ R.8D 80IA(4)(iv) ]

Gujarat Guardian Ltd. v Dy. CIT (2020) 81 ITR 61 (SN) ( Delhi) (Trib)

S. 12A : Registration –Trust or institution- Charitable purpose –
Changes in objects clause — No communication form the commissioner – Tribunal directed the CIT(E ) to take into account the amended object which were amended prior to 01.04.2018, examine its genuineness and its compliance with respect to section 2(15) of the Act .[ S. 2(15 ) 11, 12AA, 80G ]

HCL Foundation v CIT(E) (2020) 81 ITR 7 (SN) (Delhi) (Trib)

S. 11 : Property held for charitable purposes – Cash withdrawals- Directed to pass a speaking order [ S.2(15) 13 (1) ( c) ]

Dr. D. John Ponnudurai Educational Trust v. Add. DIT (2020) 81 ITR 69 (SN) ( Chennai) (Trib)

S. 11 : Property held for charitable purposes – Non-profit organisation — Fee received entitle for exemption-Principle of mutuality not claimed – The Assessing Officer cannot thrust upon the mutuality . [ S.2(15 ) 12A, 13 ]

Confederation of Indian Textile Industry v. ITO (E) (2020)81 ITR 12 (SN) (Mum) (Trib)

Central Excise Tariff Act , 1985

S.3 : Levy of duty -Emergency power of Central Government to increase duty of excise – Classification- 100% pure coconut oil in small packing-classifiable under HSN code 15.13-Department classified the packs below 2kg. as “hair oil” under HSN 33.05-classification issues to be resolved based on Rules for interpretation, Chapter Notes, Supplementary Notes, circulars/instructions issued by CBEC and other authorities-Amendment in Central Excise Tariff Heading Act, 1985 w. e. f. 28-02-2005 realigning the tariff headings with HSN-Explanatory Notes under HSN not included in amended CET-whether to be considered-applicability of common parlance test-whether necessary-Difference of opinion in two judges- matter referred to Larger Bench.[ Central Excise Tariff Act , 1985 , Medical and Toilet Preparations Excise Duties Act , 1955 , S.2 , Standards of Weights and Measures ( Packaged commodities ) Rules , 1977, Uttar Pradesh Sales Tax Act , 1948 , S,37B ]

CCE v Madhan Agro Industries India Pvt . Ltd. ( 2018) 67 GST 147 (SC) /( 2018) 15 SCC 733 / MANU/SC/0371/ 2018

Railways Act, 1989

S.124A:Compensation on account of untoward incidents – Passenger falling from running train while travelling on valid ticket, entitle to compensation – Authority shall be liable to pay compensation unless negligence on part of deceased is proved beyond reasonable doubt [S.123,124,154]

Jameela v. UOI AIR 2010 SC 3705

Negotiable Instruments Act, 1881

S.138: Dishonor of cheque for insufficiency , etc , of funds in the account – – Cheques issued in pursuance of agreement to sell is also a duly enforceable debt or liability.

Ripudaman Singh v. Balkrishna (2019) AIR SC 1625/ MANU/SC/0412/2019

Negotiable Instruments Act, 1881

S. 138:Dishonour of cheque for insufficiency , etc. of funds in the account – Notice sent by registered post – Meaning of service by post- Correctly addressing the drawer of the cheque – Mandatory requirement of issue of notice in terms of clause (b) of proviso to Section 138 stands complied with. [General Clauses Act 1897 , S.27 , Indian Evidence Act,1872, S .114 ]

C.C. Alavi Haji v. Palapetty Muhammed (2007) 6 SCC 555