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. 10(38) : Long term capital gains from equities -Insurance business- Sale of investments is exempt from tax .[S.45 ]

PCIT v. New India Assurance Co. Ltd. (2018) 254 Taxman 238 (Bom.)(HC)

S. 10(23C) : Educational institution – Merely on the ground that surplus of society was utilized for expansion of school building, exemption cannot be denied .[ S.10(23C)(vi) ]

Mallikarjun School Society v. CCIT (2018) 254 Taxman 170/ 166 DTR 338/ 304 CTR 887 (Uttarakhand )(HC)

S. 2(42C) : Slump sale – There was neither any plant, machinery, furniture and fixtures, nor was there any building in existence at time when land was sold therefore it was not a slump sale.

PCIT v. Linde India Ltd. (2018) 254 Taxman 204 / 302 CTR 262(Cal.)(HC)

S. 237 : Refunds – Tax deducted at source- It is an obligation cast on revenue to effect refund, without calling upon assessees to apply for refund claim. Revenue was directed to grant refund with interest .

Gopalan Thygarajan v. CIT (2018) 253 Taxman 189 (Mad)(HC)

S. 153B : Assessment – Search – Time limit – On a remand under S. 263, such assessment would have to be completed only within a reasonable period of time. [ S.153A, 263 ]

K. V. Abdul Azeez v. CIT (2018)404 ITR 288/ 253 Taxman 210/ 168 DTR 74 / 304 CTR 801(Ker)(HC)

S.147: Reassessment -Share capital- Bogus accommodation entries – Reassessment was held to be valid [ S. 68 ,143(1),148 ]

Ankit Agrochem (P.) Ltd. v. JCIT (2018) 253 Taxman 141/172 DTR 46/( 2019) 306 CTR 657 (Raj)(HC)

S.147: Reassessment-After the expiry of four years- Firm -Partner- Pension paid to retiring partner which was allowed as deduction- Reassessment was held to be not valid [ S. 37(1),148 , 184 ]

Deloitte Haskins & Sells Chartered Accounts v. DCIT (2018) 253 Taxman 490 (Guj)(HC).Editorial: SLP of revenue is dismissed as the tax effect is less than Rs 1. Crore Dy.CIT v. Deloitte Haskins & Sells Chartered Accounts ( 2019) 261 Taxman 449/ SLP rejected ( 2019) 266 Taxman 190 (SC)

S. 145 : Method of accounting – Mere fact that books of account were not supported by vouchers of payments received from patients, same could not be a ground to reject assessee’s books of account and to make addition on estimate basis

Dr. Prabhu Dayal Yadav. v. CIT (2018) 253 Taxman 191 /162 DTR 12 (All) (HC)

S. 139AA: Return of income – Quoting of Aadhaar Number – Compulsory for assessees to give their Aadhaar Number while filing their income tax return.

Preeti Mohan. v. UOI (2018) 253 Taxman 396 (Mad) (HC)

S.139: Return- Delay in filing of return- Reasonable cause- Court directed the CBDT to reconsider the application for condonation of delay as the as the circumstances were beyond the control of the assessee. [ S.80AC, 80IB, 119 ]

Babulal Mohanraj Jain v. CBDT (2018) 253 Taxman 170 /164 DTR 209/ 302 CTR 463 (Bom) (HC)