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. 12AA : Procedure for registration –Trust or institution- No specific findings on genuineness of activities carried on by Trust- Matter remanded to Commissioner for re adjudication [ S. 2(15), 11 ]

Shree Govindanand Shreeram Mandir v. CIT(E ) (2020) 82 ITR 3 (SN)(Pune) (Trib)

S. 11 : Property held for charitable purposes – Application of income – Accumulation of income -Retain or accumulate 15 Per Cent. of income without any time limit and is benevolent in nature however it cannot be regarded as an obligation envisaged in Law. [ S. 11(1)(a) , 11(1)(b ) ]

Gnyan Dham Vapi Charitable Trust v. Dy. CIT (2020)82 ITR 14 (SN)(Ahd) (Trib)

S. 10A : Free trade zone – Profits of the business- Export revenue subsidy — Miscellaneous income —Entitled for exemption [ S.10A(4) , 10B ]

TTEC India Customer Solutions P. Ltd. v ITO (2020)82 ITR 26 (SN)(Ahd) (Trib)

S. 276C : Offences and prosecutions – Wilful attempt to evade tax -Delay in payment of tax which was paid subsequently – Criminal proceedings quashed. [ S.276(2) [

Bejan Singh Eye Hospital Pvt. Ltd v .IT Department (2020) 428 ITR 206 (Mad) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Appellate Tribunal -Power – Lack of enquiry – Tribunal agreeing with Commissioner but setting his order on merits – Tribunal has no power to consider merits of assessment order when it was not subject matter of appeal [S. 12AA,80IB(10) ,254(1) ]

DIT (E). v India Heritage Foundation (2020) 428 ITR 299 (Karn)(HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Capital gains – Purchase of three units in same building- Assessing Officer allowing the exemption taking one of plausible views – Order is not erroneous . [ S.45 , 54 ,54F, 260A ]

PCIT v. Minal Nayan Shah (2020) 428 ITR 23 (Guj)(HC) Editorial: Order in Minal Nayan Shah. (Smt.) v PCIT (2020) 180 ITD 149 (Ahd) (Trib.) affirmed .

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Export of computer software- Development of software at client’s site outside India- Plausible views -Revision is held to be not valid [ S. 10A]

CIT v. Aztec Software Technology Ltd. (2020) 428 ITR 245 (Karn)(HC)

S. 260A : Appeal – High Court – High court refusing to frame question as substantial question of law — High Court cannot review its decision — Even if the principle of res judicata does not apply to tax matters, consistency and certainty of law would require the State to take a uniform position and not change its stand in the absence of change in facts or the law [-. Revenue’s appeal before High Court would not lie if tax appeal fall short of monetary limit of Rs. 1 crore S.260A(4) , 268A]

CIT v. V. M. Salgaonkar Brothers (P) Ltd (2020) 428 ITR 386/ 317 CTR 529/ 195 DTR 241/ ( 2021) 277 Taxman 469 (Bom) (HC)

S. 260A : Appeal – High Court -Monetary limit- Case not falling within exception — Appeal not maintainable [ S.253 , 254(2) ]

PCIT v. Solan District Truck Operators Transport Co-Operative Society (2020) 428 ITR 264 / 274 Taxman 397 (HP) (HC)

S. 260A : Appeal – High Court – Case not falling within exception — Appeal not maintainable [ S. 143(1), 154 , 244A 254(2) ]

PCIT v. Ambuja Darla Kashlog Mangoo Transport Co-Operative Society (2020) 428 ITR 94/ 195 DTR 99/ 317 CTR 363/ 269 Taxman 618 (HP) (HC)