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. 28(i) : Business income-Short term capital gains-Land dealings -Purchase of agricultural land–Conversion in to no agricultural for commercial purposes–Transaction of purchase and sale is assessable as business income and not as short term capital gains. [S. 2(13), 45]
Harshadkumar Amrutlal Patel v. DCIT (2019) 179 ITD 844/( 2020) 205 TTJ 82 (Ahd.)(Trib.)
S. 11 : Property held for charitable purposes–Skill development project of clients/donors for upliftment of rural poor–Denial of exemption is held to be not valid. [S. 2(15), 11(1), 12AA]
DCIT (E) v. Professional Assistance for Development Action (PRADAN) (2019) 179 ITD 818 (Delhi)(Trib.)
S. 10(26) : Schedule Tribes–Partnership firm–Not member of schedule Tribe-Not entitle to exemption. [S.10(26A), Constitution of India, Art. 366]
Hotel Centre Point v. ITO (2019) 179 ITD 737 (Guwahati)(Trib.)
S. 22 : Professional or other misconduct–Decision of Director discipline of ICAI to not to entertain complaint and decision of board of discipline of ICAI to concur with director discipline’s opinion could not be faulted-Petition was dismissed with cost of Rs. 1 lakh was directed to be deposited with the Delhi High Court Legal Services Committee with in a period of two weeks.
Wholesale Trading Services (P.) Ltd. v. ICAI (2019) 267 Taxman 245 (Delhi)(HC)
S. 22 : Professional or other misconduct–Auditor-No objection certificate-Only requirement is communication from the Chartered accountant who accepts position as an auditor.
Ssay & Associates v. ICAI (2019) 267 Taxman 370 (Delhi)(HC)
S. 68 : Certificate obtained by misrepresentation of facts— Revocation of Certificate is held to be justified. [S. 64(2)(i), S.147, 148, General Clauses Act, 1897, S. 21].
Subash Chand Jain v. CIT (2019)419 ITR 216 / (2020) 187 DTR 378/ 314 CTR 479 (Mad.)(HC)
S. 90 : Payment of tax-Validity of provision-Payment of tax-In view of the retrospective amendment, the petitioners challenge to the constitutional validity of section 90(2) of the Finance Act, 1998 does not survive-Recovery notices were quashed. [S. 90(2), 91]
Time Packaging Ltd v UOI ( 2019) 310 CTR 33/ 180 DTR 281 (Bom.)(HC)
S. 184 : Amounts paid as advance tax can be adjusted towards amounts due under scheme–Rejection of application is held to be not valid. [S.185]
Atluri Purnachandra Rao v. PCIT (2019)419 ITR 462 /(2020) 188 DTR 339(Telangana) (HC)
S. 2(10) : Chargeability–Room charges-Double or triple occupancy– Room charges are required to be divided into two and upon such division, the room charges do not exceed Rs.1200 and, therefore, the Act does not apply to them is not sustainable. [S. 3(1), Art. 226]
Travel & Tourism Association of Goa v. UOI. (2019) 182 DTR 377 / 311 CTR 185 (Bom.)(HC)
S. 271AAA : Penalty-Search initiated on or after 1st June, 2007–Statement u/s. 132(4)-Partner specifying the manner in which the disclosed income was earned–Entitle to claim immunity. [S. 132(4)]
PCIT v. Sun Corporation (2019)419 ITR 414 (Guj.)(HC)