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.37(1): Business expenditure —Method of accounting – Accrual of income – Real income- Provision for revision of pay by Government committee —Liability is not contingent — Provision is held to be deductible. [ S.145 ]

Housing and Urban Development Corporation Ltd. v Add. CIT (2020) 421 ITR 599 /189 DTR 211/ 314 CTR 583/ 270 Taxman 101 (Delhi)(HC)

S.37(1): Business expenditure — Payment to consultant – Statement made in the course of search was retracted – Disallowance is held to be not justified .[ S.132(4) ]

CIT (LTU) v. Reliance Industries Ltd. (2019) 104 CCH 0730 / (2020) 421 ITR 686 (Bom) (HC) Editorial: SLP is granted to the revenue CIT v. Reliance Industries Ltd. [2019] 418 ITR 13 (st) (SC)

S. 11 : Property held for charitable purposes – Imparting spiritual education through lectures and congregation and on television channels – Established a temple to Hindu gods and goddesses for the general public [ S.2(15) 12A. 13(1)(c) (ii) ]

CIT v. Bhagwan Shree Laxmi Narain (2019) 106 CCH 0176 / (2020) 421 ITR 476 (Delhi)(HC)

S. 68 : Cash credits – Capital gains- Penny stocks – Transactions were genuine and duly supported by various documentary evidences- Opportunity of cross examination was not provided – The AO has not discharged the onus of controverting the documentary evidences furnished by the assessee and by bringing on record any cogent material to sustain the addition- Addition as cash credit and addition of 2% as commission was deleted – Assessed as long term capital gains and exemption is allowed [ S.10(38) 45 , 69 ]

Dipesh Ramesh Vardhan v .DCIT ( Mum) (Trib) www.itatonline .org Ramesh Vardhan v .DCIT ( Mum) (Trib) www.itatonline .org Vishal Vardhan v DCIT( Mum) (Trib) www.itatonline .org Rajesh Babulal Vardhan v DCIT ( Mum) (Trib) www.itatonline .org

S. 45 :Capital gains – Accrual -Protective assessment – Rule of consistency – Department not bound by rule of consistency – Lease- Completion of transfer with vesting of land in the Government essentially correlates with taking over of possession of the land under acquisition by the Government- However, where possession is taken over before arriving of the relevant stage for such taking over, capital gains shall be deemed to have accrued upon arrival of the relevant stage and not before.- To be more specific, in such cases, capital gains shall be deemed to have accrued: (a) upon making of the award, in the case of ordinary acquisition referable to Section 16; and (b) after expiration of fifteen days from the publication of the notice mentioned in Section 9 (1), in the case of urgency acquisition under Section 17 [ Land Acquisition Act, 1984 , S ,4,6 ,16 ,17,Transfer of Property Act, 1882, . 108(q), 111(a), 116 ]

Rajpal Singh v .CIT ( 2020) 427 ITR 1/ 118 taxmann.com 508 / 273 Taxman 375/193 DTR 97 / 316 CTR 225( SC) www.itatonline .org

Constitution of India,
Art. 226, High Courts bound to issue Writ of Mandamus – For enforcement of public duties – Right to property is a fundamental right and human right. [Art. 300A ]

Hari Krishna Mandir Trust v. State of Maharashtra & Ors (2020) 9 SCC 356; MANU/SC/0580/2020; AIR 2020 SC 3969 (SC)); www.itatonline.org

Foreign Exchange Regulation Act (FERA), 1973
S. 8, Liability for Offense – Role played by in Company Affairs – Not designation or Status . [ S. 51, 68]

Shailendra Swarup v. The Deputy Director, Enforcement AIR 2020 SC 3890; MANU/SC/0544/2020 (SC) www.itatonline .org Editorial: FERA, 1973 has been substituted with FEMA, 1999. Section 51 of FERA, 1973 is similar to section 13(1) of FEMA, 1999.

Indian Registration Act , 1908

S.17 – Unregistered Document- Recording of memorandum of family Settlement prepared after the family arrangement does not require registration.

Ravinder Kaur Grewal & Ors.v.Manjit Kaur & Ors(SC)MANU/SC/0570/2020 www.itatonline.org .

Indian Evidence Act, 1872
S. 65B – Evidence – Electronic records- Certificate under Section 65B(4) – Not necessary if original document is itself produced. [Information Technology Act, 2000, S.3 ]

Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal and Ors. www.itatonline.org (SC) : MANU/SC/0521/2020

Hindu Succession Act, 1956
S. 6: Equal right of a daughter in HUF – Devolution of interest in coparcenary property – Confers status of coparcener on daughters, even if born prior to the amendment, with effect from 9.9. 2005 – Amendment is retrospective. [ Hindu Succession (Amendment) Act, 2005 ]

Vineeta Sharma v. Rakesh Sharma & Ors ( 2020) 9 SCC 1(SC) www.itatonline.org / MANU/SC/0582/2020