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)
Digest of case laws
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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.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)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 1S.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]