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. 10AA : Special economic zones – Profit of eligible unit should be allowed without set off of loss of other units [ S.72 ]

Genesys International corporation Ltd v DICIT ( 2020) BCAJ -April – 34 ( Mum) (Tri)

S. 10(37) : Capital gains – Agricultural land – Interest received on enhanced consideration as per Land acquisition Act, 1894 is held to be not taxable [ S .4, 56(2) (viii) Land Acquisition Act , 1894 , S 4, 28, 34 ]

Surender v .ITO ( 2020) BCAJ -June -P 43 ( Delhi) (Trib)

Insolvency & Bankruptcy Code, 2016

S. 14:Moratorium- Proceedings for declaration of wilful defaulter can continue pending moratorium under the IBC Law- Writ petition dismissed [ S.29, 39 , Art , 226 ]

Sandip Kumar Bajaj & Ors v SBI MANU/WB/0662/2020 ( Cal ) (HC) www.itatonline .org

Protection of Women from Domestic Violence Act 2005

S. 2(s ): Shared household – Right to stay/reside in the shared household- Daughter in law – gratuitous licences – Order of High Court affirmed [ CPC 151 , Hindu Succession Act 2005 ]

Satish Chnadra Ahuja v .Sneha Ahuja AIR 2020 SC 5397; (2021) 1 SCC 414; MANU/SC/0767/2020 ( SC) www.itatonline.org.

S. 4: Charge of income tax – Capital or revenue- Business income-Receipts from Construction company – Netting of receipts and payments- Receipts from the Construction Company being intrinsically connected with construction of assessee’s plant, would be considered as a capital receipt and not income of assessee from any independent source-Amounts received by the assessee would go to reduction of cost of construction. [S, 28(i), 56, 145]

CIT v. Bokaro Steel Ltd. (1999) 236 ITR 315/102 Taxman 94/151 CTR 276 (SC)

S.4 :Charge of income-tax – Mutuality – Receipts by Co-operative society form its members i.e. Non-occupancy charges, transfer charges common amenity fund charges and other charges, are exempt from income-tax Act based on the principle of mutuality [S. 2(24)(vii) ; Maharashtra Co-operative Societies Act, 1960 S. 79A ]

ITO v. Venkatesh Premises Co-operative Society Ltd. (2018) 402 ITR 670/163 DTR 465/301 CTR 514/254 Taxman 313 (SC)

S. 4: Charge of income-tax – Legislative power of retrospective amendment – Legislature cannot by way of introducing an amendment overturn a judicial pronouncement to declare it to be wrong or nullity – Rather Legislature can amend provisions of any statute to remove basis of judgment – Clause in statute – Prohibiting payment of interest on amount of security deposit is not arbitrary or violative of Article 14 of the Constitution of India. [Constitution of India , Art . 14 ]

State of Karnataka v. Karnataka Pawn Brokers Association (2018) 255 Taxman 12 (SC)

S. 4 :Charge of income-tax -Accrual of income—Mercantile system of accounting – Accounting principle of real income—Enhanced rates shown as receipts in accounts but amounts not realised due to litigation and subsequent takeover of undertaking by Government- Amount due on such enhancement had not accrued and was not assessable [ S. 145 ]

Godhra Electricity Co. Ltd v. CIT (1997) 225 ITR 746/139 CTR 564/91 Taxman 351 (SC)

S. 4: Charge of income-tax – Hindu undivided family – Sole surviving coparcener – Assessable as Hindu undivided family [Indian Income-tax Act, 1922 S.3 ]

Gowli Buddanna v. CIT (1966) 60 ITR 293 (SC)

S.4: Charge of income-tax – Cash credits- Assessee must prove the source of receipt -In the absence of such proof the Assessing Officer is entitled to treat it as taxable income – Cash credits could be assessed as undisclosed income [ S. 147, Indian Income-tax Act, 1922, S.34 ]

Kale Khan Mohammad Hanif v. CIT (1963) 50 ITR 1 (SC)