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.10(23C: Educational Institution —Trust deed disclosing profit motive — Not entitled to exemption [ S.10(23C)(vi)

Rajah Sir Annamalai Chettiar Foundation v. CCIT (2020) 426 ITR 539 / 271 Taxman 84 (Mad)( HC)

S. 9(1)(i): Income deemed to accrue or arise in India – Business connection -Non-Resident —Permanent Establishment — Telecasting Sports Events – Principal to principal basis – Income earned not assessable in India — DTAA -India – Mauritius [ Art .5 ]

CIT (IT) v. TAJ TV Ltd (2020) 425 ITR 141 /196 DTR 177/ 317 CTR 860( 2021 ) 277 Taxman 75 (Bom)(HC).Editorial: Notice issued in SLP filed by Revenue , CIT(IT) v. Taj TV Ltd. (2022) 288 Taxman 642 (SC).

S. 2(22)(e):Dividend – Deemed dividend-Money lending formed substantial part of business – Loan not assessable as deemed dividend .

PCIT v. Mohan Bhagwat prasad Agrawal (2020) 425 ITR 119 / 270 Taxman 126/ 115 taxmann.com 69 (Guj)(HC)

S.2(14)(iii): Capital asset-Agricultural land-Land in Village within Municipality — Village having population less than specified ten thousand — Land was agricultural — Profits from sale of land is exempt [ S .2(14)(iii) (a), 10(1),45 ]

PCIT v. Anthony John Pereira (2020)425 ITR 134/ 195 DTR 168/ 317 CTR 920 / 272 Taxman 138 (Bom) (HC)

Black Money (Undisclosed Foreign Income And Assets) And Imposition Of Tax Act, 2015,

S.53 : Punishment for abetment – Tax evasion —Bogus bills – Statement on oath — Petitioner appearing before authorities and co-operating in investigation and making admissions — Directions to authorities to recall look out circular ,in name of petitioner [Income -tax Act , 1961 , S 131(IA ) 133A ,Art , 226 ]

Lakshmi Satyanarayana Dutt Tadikonda v. UOI(2020)426 ITR 550/ 274 Taxman 414 (Delhi)(HC)

Black Money (Undisclosed Foreign Income And Assets) And Imposition Of Tax Act, 2015

S.42 : Penalty for failure to furnish return relation to foreign income and asset -Black Money — Failure to file return -Alternative remedy – Court under writ jurisdiction cannot exercise the role of an appellate authority defined under the Black Money Act to deal with the controversy if brought into motion. [ S.3 , 10 ,11 , Income -tax Act , 1961 ,139(5) , Art , 226 ]

Thomas Mathew v. ITO (2020) 426 ITR 438 / 315 CTR 193/ 273 Taxman 34/ 189 DTR 406 (Ker)(HC)

Black Money (Undisclosed Foreign Income and Assets) and Imposition of tax Act, 2015

S.10(1): Assessment – Penalty – Taking an overall view of the matter, the respondents could proceed pursuant to the notices dated December 20, 2017. However, no coercive measures could be taken against the assessees if the occasion so arose. [ S. 4(3), 59, Income -tax Act , 1961 S.131 ,148 ]

Anila Rasiklal Mehta v. UOI (2020)425 ITR 545 (Bom)(HC)

S. 271(1)(c) : Penalty – Concealment- — Furnishing inaccurate particulars of income — Sufficient interest-free funds available with Assessee — Interest expenses not disallowable – Mere wrong claim does not tantamount to furnishing of inaccurate particulars of income or concealment of income — Penalty not leviable in such cases.

Deem Roll-Tech Ltd. v. DCIT (2020) 78 ITR 45 (SN)(Ahd) (Trib)

S.234E : Fee – Default in furnishing the statements – Provision prospective — No demand could be made for AYs prior to 1-6-2015.[ S.200A(1) ( c ) ]

AVV Enterprises P. Ltd. v .DCIT (2020) 78 ITR 60 (SN)(Delhi) (Trib)

S. 206AA : Requirement to furnish Permanent Account Number (PAN) – Provision for deduction at higher rate where recipient fails to provide PAN — Provision cannot override beneficial provisions of DTAAs — Assessee not liable to deduct tax at higher rates in spite of failure by non-resident to furnish PAN [ S.90(2)]

ACIT v. Wipro Ltd. (2020) 78 ITR 70 (SN)(Bang)(Trib)