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
Click here to download the pdf versions of the Digest of case laws

S. 260A : Appeal – High Court – Jurisdiction and limitation issue can be raised for the first time in appeal [ S.153C, 253 ]

K. V. Abdul Azeez v. CIT (2018) 404 ITR 288/ 253 Taxman 210 / 168 DTR 74/ 204 CTR 801(Ker)(HC)

S. 271AAA : Penalty – Search initiated on or after 1st June, 2007 –When no specific query to substantiate the manner of earning undisclosed income was put forward to the assessee by the authorised officer levy of penalty was held to be not valid when the taxes were paid on the amount surrendered [ S.132(4) ]

ACIT v. Beena Kedia ( Delhi) (Trib)

S.45: Capital gains- Amount received on transfer of rights to carry on any business is taxable as capital gain and not as business income [ S.28(va),54EC ]

Suklendu A.Baji v.DCIT ( Mum) (Trib)

S. 12AA : Procedure for registration –Trust or institution-Registration cannot be refused on the ground that the Trust deed does not contain dissolution clause .[ S.12A]

CIT ( E ) v. Tara Educational & Charitable Trust ( Bom) (HC)

S. 43A : Rate of exchange – Foreign currency – Foreign exchange fluctuation on loan liability on fixed asset being notional and no actual payment was made would not require any adjustment in the cost of the fixed assets on accrual basis , as the S.43A is amended w.e.f 1 st April , 2003 . [ S.37(1) ]

PCIT v. Spicer India Ltd ( Bom) (HC)

S. 17(2) : Perquisite -Interest free loan is taxable as perquisites in the hands of employee as per Rule 3 of the IT Rules [S.17(2) (viii) R.3(7)(i) ]

Neha Saraf v. ITO ( Mum) (Trib)

Pradhan Mantri Garib Kalyan Yojana Scheme, 2016

S.199C Declaration under Pradhan Mantri Garib Kalyan Yojana Scheme after search and seizure – Retention was held to be valid -Court directed to release of small part of seized amount .[ S. 132, 132B ]

Jaya Balajee Real Media Pvt. Ltd. v. CIT (2018) 404 ITR 124 / 167 DTR 465/ 303 CTR 489 (T&AP) (HC)

S. 275 : Penalty – Bar of limitation – Concealment – Notices issued after period of limitation as per first limb of S.275(1)(a) hence barred by limitation [ S. 271(1)(c),275 (1)(a) ]

J. Srinivasan v. ACIT (2018) 404 ITR 51 / 303 CTR 827/ 168 DTR 331(Mad) (HC)

S. 260A : Appeal – High Court -Limitation-Delay of 326 days -No reasonable cause -Delay was not condoned .[ Limitation Act, 1963,S.5 ]

Gurpal Singh Brar v. ITO (2018) 404 ITR 58 (P&H) (HC)

S. 254(1) : Appellate Tribunal- Powers- Commission-Order of remand was held to be valid [ S.37(1) ]

CIT v. C. S. Seshadri. (2018) 404 ITR 191 (Mad) (HC)