S. 2(43): Tax – Interest and penalty is not tax [Special Court (Trial of Offences relating to Transactions in Securities) Act, 1992, S. 3, 4, 11]
Harshad Shantilal Mehta v. Custodian (1998) 231 ITR 871/99 Taxman 216 (SC)/ (1998) 5 SCC 1
Digest of case laws
Online digest of latest case laws
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
Click here to download the pdf versions of the Digest of case laws S.2(22)(e): Deemed dividend – Share holder means a registered share holder and not beneficial owner [Indian Income -tax Act ,1922 , S .2(6A)]
CIT v. Rameshwarlal Sanwarmal (1980) 122 ITR 1/14 CTR 372 (SC)S. 2(12A): Books of account – Entries in loose papers/ sheets are irrelevant and inadmissible as evidence- Offences and prosecution- Settlement Commission- Investigation could not have been directed in case of high public functionaries on basis of legally inadmissible evidence in form of loose papers [S. 69A, 132, 143(3), 245D; Constitution of India 1949, Art. 32; Code of Criminal Procedure, 1973, S.155(2), 156(1); Indian Evidence Act, 1872, S.34]
Common Cause (A Registered Society) v. UOI (2017) 394 ITR 220 / 245 Taxman 214 (SC)/ (2018) 9 SCC 382S. 2(1A) : Agricultural income – Agriculture – cultivation of land – tilling of land, sowing of seeds etc – Certain other operations which are performed after produce sprouts from land , can also be regarded as agricultural operations- However spontaneous growth not involving any human labour or skill upon land are not products of agriculture – Income derived therefrom is not agricultural income . [ S. 10(1) , Indian Income-tax Act, 1922, S. 2(1) 4(3)(viii)].
CIT v. Raja Benoy Kumar Sahas Roy (1957) 32 ITR 466 (SC)Right to Information Act, 2005
S.8(1)(j) :Exemption from disclosure of information -Right to Privacy-Information sought for details such as income tax return, assets and liabilities, gifts accepted, etc which come under the purview of ‘Personal Information’ – Information required needs to have some relationship to any public activity or public interest and should justify larger public interest for disclosure – Held, such information constituted personal information and is exempted from disclosure under S. 8(1)(j) of the Act .
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (SFAESI Act)
S.13 : Enforcement of security interest – Protected tenant – Tenants covered by the Rent Control act cannot be dispossessed in an action initiated by the bank against the landlord under the SARFAESI Act. [S.14 , Maharashtra Rent Control Act 1999, S. 55(2) , Transfer of Property Act, 1882, S.106]
S. 13 : Enforcement of security interest – Protected tenant – Written Lease agreements – Tenants covered by the Rent Control act cannot be dispossessed in an action initiated by the bank against the landlord under the SARFAESI Act on the premise that no written lease agreement is on record. [S. 14, Maharashtra Rent Control Act 1999, S. 55(2), Transfer of Property Act, 1882, S. 106]
Motor Vehicles Act, 1988
S.2(30): Owner – As appearing on records – Liable to pay compensation. [Motor Vehicles Act, 1988 S.2(30) ]
Limitation Act, 1963
S.5: Extension of prescribed period in certain cases – Sufficient cause – Condonation of delay – Delay of 3671 days – No reason to decline benefit merely due to delay in filing of appeal when in similar cases benefit was derived by similar concerns [S. 18, S. 54, Land Acquisition Act, 1894]
Indian Succession Act, 1925
S. 63: Execution of wills- Requirements of a valid will – The attesting witness should speak not only about the testator’s signature or affixing his mark to the will but also that each of the witnesses had signed the will in the presence of the testator – execution must be proved by at least one attesting witness, if an attesting witness is alive. [Indian Evidence Act, 1872 , S . 68]
Indian Partnership Act, 1932
S. 5: Partnership not created by status – Property of the firm – Interest of a partner in partnership assets, whether a moveable or immoveable property – Partner’s rights during the existence of the partnership – Partner’s rights after the dissolution of the partnership or with his retirement from the partnership firm – Unregistered deed of release in a partnership firm whether admissible as evidence even though the partnership owned immoveable property – [S. 12, 14, 15, 29, 31, 48, Indian Registration Act, 1908 ,S. 7(1), 37 , 48]