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(23C) : Educational institution-Child education-Annual receipts from fee, interest and addition as cash credits exceeded Rs one crore–Prior approval was taken by CCIT–Denial of exemption is held to be justified. [S. 10 (23C)(iiad), 68]
Satluj Shiksha Samiti v. CIT (2019) 264 Taxman 315/ 311 CTR 244 (P&H)(HC )
S. 28(i) : Business loss – Loss on revaluation of permanent category investments – Held to be allowable as business loss [ S.260A ]
PCIT v. State Bank of India ( 2019) 181 DTR 275 / (2020) 420 ITR 376/ 314 CTR 542 (Bom)(HC),www.itatonline.org
S.28(1): Business loss – Lawyer- Foreign exchange loss-Cash system of accounting -No addition is warranted [ S.145 ]
Harish Narinder Salve v. ACIT ( 2019) 181 DTR 121 / 74 ITR 21 (SN)/178 ITD 800 ( Delhi)(Trib),www.itatonline.org
S. 68(2) : Certificate issued under scheme final-Amount mentioned in certificate cannot be assessed as undisclosed income. [S. 158BC, 158BD]
CIT v. Purshottamdas P. Patel (2019) 416 ITR 417/ 182 DTR 402 (Guj.)(HC)
S. 281B : Provisional attachment-Recovery of tax-Over 21 Per Cent. of demand already collected-Assessments concluded-No justification to continue with provisional attachment. [S. 226(3)]
Dabur Invest Corp. v. ACIT (2019) 416 ITR 282/ 181 DTR 328/ 310 CTR 591/ 266 Taxman 207 (Delhi)(HC)
S. 277 : Offences and prosecutions-False statement–Verification– Search-Additions made in block assessment based on discrepancy in stocks —Prosecution is not valid. [S. 132, 136, 158BC, 276C(1), 278B, CRPC, 1973, S. 482, IPC 193]
N. R. Agarwal Industries Ltd. v. JCIT (2019) 416 ITR 578 / 306 CTR 153 (Guj.)(HC)
S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source–No reasonable cause was shown for delay -Launching of prosecution is held to be valid. [S.201, 278AA, 279]
Golden Gate Properties Ltd. v. Income-Tax Department DCIT (TDS) (2019) 416 ITR 399/ 265 Taxman 213 (Karn.)(HC)
S. 271B : Penalty-Failure to get accounts audited–Audit report was available with AO on date of completion of assessment–Reasonable cause–Penalty not warranted. [S. 273B]
P. Senthil Kumar v. CIT (2019) 416 ITR 336 (Mad.)(HC)
S. 260A : Appeal-High Court–Open remand-Remanding matter to AO without recording any finding–No question of law. [S. 35D, 254(1)]
CIT v. Apollo Tyres Ltd. (No. 1) (2019) 416 ITR 519 (Ker.)(HC)
S. 260A : Appeal-High Court-Pendency of petition for rectification before Tribunal is not relevant to decide the maintainable of appeal before High Court.[S. 254(2)]
Daimler India Commercial Vehicles P. Ltd. v. DCIT (2019) 416 ITR 343/ 183 DTR 92/(2020) 313 CTR 44 (Mad.)(HC)