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. 11 : Property held for charitable purposes–Accumulation of income-Form No 10 was filed belatedly–Rejection of claim on technical formalities is held to be not valid-AO is directed to decide the allowability of claim on merits [S. 11(2), 139(9), 143(1), 154]
Chandraprabhuji Maharaj Jain Juna Mandir Trust v. DCIT (2019) 266 Taxman 399/ (2020) 313 CTR 232 (Mad.)(HC)
S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services–Wind turbines-Installing and carrying out repair work of wind turbines abroad, payment made for said services was liable to tax in India as fee for technical services-Liable to deduct tax at source-DTAA-India–Sri Lanka [S.90, Art.7, 12]
Regen Powertech (P.) Ltd. v. DCIT (2019) 266 Taxman 521 (Mad.)(HC)
S. 2(22)(e) : Deemed dividend-loan to share holder–loan in the ordinary course of business-Not assessable as deemed dividend-Deemed dividend is exempt u/s. 115O [S.10(34),115O, Art. 226].
R. Chitra v. ITSC Vice Chairman (2019) 418 ITR 530 / ( 2020) 274 Taxman 344/ 120 taxmann.com 344 / 188 DTR 194 (Mad.)(HC)
S. 18(1)(c) : Penalty-Concealment-In the absence of any proof to show that there was an attempt on the part of the assessee to conceal the particulars or to furnish inaccurate particulars, the levy of penalty was not justified by invoking the deeming provision of Expln. 3 to S. 18(1).
CIT. v. Rajwanti Properties (P) Ltd. (2019) 310 CTR 113 / 181 DTR 1 (Mad.)(HC)
S. 2(ea)(v) : Urban Land-Appeal-Maintainability-Law tax effect-Question of law has now been settled by the Supreme Court-Repeated instances of such question of law arising does not arise at all, since the WT Act is no more in force-In such circumstances though the question of law has to be answered in favour of the Revenue, there need be no recovery steps taken for reason of the appeals being below the monetary limits. [S. 260A, 268A]
CWT. v. Meera Jacob (Smt.) (Decd.) (2019) 180 DTR 94 (Ker.)(HC)
S. 271AAB : Penalty-Search initiated on or after 1st day of July 2012-Entries in the books of account–No penalty can be levied. [S. 2(12A)]
Dy. CIT v. Rajgaria Timbers P. Ltd. (2019) 74 ITR 36 (SN) (Kol.)(Trib.)
S. 271AAA : Penalty-Search initiated on or after 1st June, 2007–Common appeal filed–Wrong advice–Delay was condoned–Matter remanded. [S. 246A, 271(1)(c)].
Vijay Kumar Sood. v. DCIT (2019) 178 ITD 251 (Chd.)(Trib.)
S. 271(1)(c) : Penalty–Concealment–Explanation given by the assessee is not proved to be false-Levy of penalty is held to be not valid. [S. 69A, 271AAA]
Dy. CIT v. Kulwant Singh (2019) 180 DTR 177 / 199 TTJ 545 / 104 taxmann. com 340 (Chd.)(Trib.)
S. 271(1)(c) : Penalty-Concealment-Interest on fixed deposit receipts– Messing commission-Shown as exempt income–Levy of penalty is held to be not valid. [S. 148]
Dehradun Club Ltd. v. Dy.CIT (2019) 69 ITR 30 (SN) (Delhi)(Trib.)