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. 15 : Salaries – Business income – Commission – Commission from employer is liable to be taxed as business income – TDS was deducted as salary – Matter remanded to the AO to verify the expenses incurred for earning of commission income . [ S.28 (i)]

Jalendra Sahoo v. ITO (2019) 76 ITR 337 / 202 TTJ 1 (UO)/( 2020) 181 ITD 581 (Cuttack) (Trib.)

S. 14A : Disallowance of expenditure – Exempt income – Maintaining separate books of account – Matter remanded to CIT (A) [ R.8D ]

Vinita Devi Bagrodia. v. DCIT (2020) 181 ITD 355 (Indore) (Trib.)

S. 12AA : Procedure for registration –Trust or institution- Charitable purpose -Profit motive – Providing asylum/shelter to cows and maintaining gaushalas and famine relief centres to provide proper treatment and fodder to needy stray cows- Cancellation of registration is held to be not valid [ S.2(15) 11, 12A ]

Rajasthan Gau Seva Sangh. v. CIT (2020) 181 ITD 660 (Jaipur) (Trib.)

S. 11 : Property held for charitable purposes – Investment of surplus fund in chit fund – Denial of exemption is held to be justified [ S. 2(15) ,11(5) ]

ACIT v. Sree Gokulam Educational and Medical Trust. (2020)181 ITD 572 (Chennai) (Trib.)

S. 11 : Property held for charitable purposes – Cancellation of registration was set aside by the Appellate Tribunal- Denial of exemption was set aside .[ S.12A ]

Amateur Riders Club v. ADIT (2020) 181 ITD 401 (Mum) (Trib)

S. 10AA : Special economic zones – Free trade zone- Not having exhausted deduction under S. 10A for ten consecutive assessment years on date of introduction of S. 10AA , entitled for additional period of deduction for five years as is allowed to SEZ units . [ S.10A ]

Classic Linens International (P.) Ltd v. Dy. CIT (2020) 181 ITD 765 / 77 ITR 1 / 189 DTR 1/ 204 TTJ 794 (Chennai) (Trib.)

S. 10A : Free trade zone – Total turnover – While computing deduction expenditures excluded from export turnover were also to be excluded from total turnover.

ITO v. Agile Software Enterprises (P.) Ltd. (2020) 181 ITD 817 (Bang) (Trib.)

S. 10(13A) : House rent allowance – Performance bonus does not form part of ‘salary’ as defined in clause (h) of Rule 2A for purpose of computing exemption [ S.15 ]

Sudip Rungta. v. DCIT (2020) 181 ITD 165 /77 ITR 63 (SN) (Kol ) (Trib.)

S. 10(10D) : Life insurance policy – Keyman insurance policy – Assignment of policy – Amendment brought in by Finance Act 2013 in Explanation 1 to section 10 (10D) is prospective in nature and it shall only apply to keyman insurance policy assigned after 1-4-2014 – policy assigned in hands of assessee in year 2013 would continue to be an ordinary policy and sum received by her on maturity would not be taxable – Revision of order is held to be not valid [ S.263 ]

Harleen Kaur Bhatia. (Smt.) v. PCIT (2020)181 ITD 294/ 203 TTJ 859 (Indore) (Trib.)/Gurvinder Kaur Bhatia ( Smt ) v. PCIT (2020)181 ITD 294/ 203 TTJ 859 (Indore) (Trib.)

S. 276C : Offences and prosecutions – Wilful attempt to evade tax – Penalty deleted – Launching of prosecution is held to be not valid [ S.277 ]

System India Castings. v. PCIT (2020) 425 ITR 158 (Chhattisgarh)(HC)