S. 12AA : Procedure for registration –Trust or institution- Proposed activities –Registration cannot be refused on the ground that no activities are carried out .
Ananada Social and Education Trust v. CIT (SC), www.itatonline.orgS. 12AA : Procedure for registration –Trust or institution- Proposed activities –Registration cannot be refused on the ground that no activities are carried out .
Ananada Social and Education Trust v. CIT (SC), www.itatonline.orgS. 37(1) : Business expenditure –Providing gifts to Medical practitioners by pharmaceutical companies –CBDT circular silent about pharmaceutical companies – Circular had no retrospective effect – Prohibition imposed by Indian Medical Council against acceptance of gift is on the medical practitioner and doctor and not on the pharmaceutical companies -Disallowance is deleted .
ACIT v. J. B. Chemicals & Pharmaceuticals Ltd. (2019) 177 DTR 378/ 199 TTJ 600 (Mum)(Trib.)S. 37(1) : Business expenditure – Levy of interest for withholding payment of VAT- Compensatory interest u/s 30(2) – For delay in payment of additional tax under MVAT – Penal interest u/s 30(4) – Concealment or furnishing of inaccurate particulars of income – Paid by assessee to buy peace and end litigation with MVAT authorities – AO asked to bifurcate these payments – Compensatory interest allowed – Penal Interest disallowed. [ MVAT Act , 2002 , S.30(2) 30(4) ]
ACIT v. Gini & Jony Ltd. (2019) 178 DTR 114 /197 TTJ 322 (Mum)(Trib.)S. 80IB(10) : Housing projects- Date of agreement with land owner dated 11-07 -1997 – Approval of project by local authority was on 30 -09 1998 – Project completed before 31-03 2008 – Entitle to deduction .
CIT v. Arun Excello ( 2019) 113 taxmann.com 347 (Mad) (HC) Editorial : SLP of revenue is dismissed due to low tax effect ; CIT v. Arun Excello (2020] 269 Taxman 18 (SC)S. 271B : Penalty–Failure to get accounts audited-Assessee bona fide in treating commission income as turnover along with other turnover which was below limit for audit -Department treating unaccounted turnover as part of total turnover holding assessee liable for penalty for failure to get accounts audited -Penalty liable to be deleted.
Vinay Agrawal v. ITO (2019) 76 ITR 16 (SN) (Indore)(Trib.)S. 271C : Penalty-Failure to deduct at source–bonafide belief–whether payee is in the category of government or local authority–No penalty is leviable.
Shiv Sai Infrastructure (P) Ltd. v. Pr.CIT (2019) 175 DTR 30 / 69 ITR 585/ 197 TTJ 889 (Delhi)(Trib.)S. 271B : Penalty-Failure to file audit report within time-reasonable cause for delay–Audit report filed before assessment proceedings- Penalty is not warranted.
K. Borra Reddy v. ITO (2019) 76 ITR 78 (SN) (Hyd.)(Trib)S. 271AAA : Penalty-Search initiated on or after 1st June, 2007– Retraction of statement–Filing return admitting the additional income after retraction the assessee is not entitle to exemption-No requirement of recording satisfaction for imposing penalty-Immunity from penalty– both conditions need to be satisfied. [S. 132(4)]
Sanjay Dattatray Kakade v. ACIT (2019) 175 DTR 1 / 70 ITR 519/198 TTJ 50 (Pune)(Trib.)S. 271(1)(c) : Penalty–Concealment–Long term capital loss-Bona fide clerical mistake on part of assessee same has been explained before AO-Return of income accepted and there was no loss to revenue–No concealment of income or no furnishing inaccurate particulars of income-Levy of penalty is held to be not valid. [S. 45]
Anil Gupta v. ACIT (2019) 76 ITR 22 (SN) (Delhi) (Trib.)S. 271(1)(c) : Penalty–Concealment Amount of deduction hardly makes any difference on tax liability–then penalty levied on wrongful claim of the same needs to be deleted–as it was claimed on account of human error– no mala-fide intention of the assessee. [S. 35D]
Omni Lens P. Ltd. v. DCIT (2019) 76 ITR 28 (SN) (Ahd.)(Trib.)