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. 12AA : Procedure for registration–Trust or institution-Execution of contract with Railways for cleaning coaches is not charitable purpose-Employment of poor persons would not make it charitable-Cancellation of registration is justified.[S. 2(15)]
Mahatma Gandhi Charitable Society v. CIT (2019) 415 ITR 27/ 176 DTR 41/ 308 CTR 406 (Ker.)(HC)
S. 11 : Property held for charitable purposes-Amount spent on acquisition of capital assets – Allowed as deduction-Depreciation on such assets is also allowable. [S. 32]
CIT v. Manipal Academy of Higher Education. (2019) 415 ITR 361 (Karn.)(HC)
S. 10B : Export oriented undertakings-Manufacture or production- Conversion of benzarone crude to benzarone pure constitutes manufacture-Entitled to exemption-Conversion of benzarone crude to BFX-P is not manufacture-Not entitled to exemption.
PCIT v. Tonira Pharma Ltd. (2019) 415 ITR 503/ 182 DTR 185/ 311 CTR 218 (Guj.)(HC)
S. 10A : Free trade zone–Export through third party-Entitle to deduction.
PCIT v. Broadcom India Pvt. Ltd. (2019) 415 ITR 380 (Karn.)(HC)
S. 5 : Scope of total income–Accrual-Method of accounting- Amount retained under contract to ensure there are no defects in execution of contract–Amount retained did not accrue hence cannot be taxed on accrual basis. [S. 145]
CIT v. Chandragiri Construction Co. (2019) 415 ITR 63 (Ker.) (HC)
S. 268A : Appeal–Instructions–Tax effect below Rs. 50 lakhs- Mandate issued by CBDT in circular No. 3, dated 11-7-2018- Binding on revenue-Appeal was dismissed on ground of low tax effect. [S. 260A]
PCIT v. Hotel Leela venture Ltd. (2019) 106 taxmann.com 242/ 264 Taxman 27 (Bom.)(HC)
S. 268A : Appeal–Instructions-Low tax effect–Instruction No 3 dt. 9-2-2011-Neither binding on Tribunal nor Tribunal-Board cannot direct the Court or Tribunal to compel litigants to withdraw appeal due to low tax effect. [S. 254(1)]
Bhagavathy Velan v. DCIT (2019) 264 Taxman 146 /(2020) 187 DTR 364/ 315 CTR 119 (Mad.)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue– Capital asset-Surrender of right, title and interest in plot allotted by MIDC in favour of third party-Not assessable as business income.[S.,2(14), 28(i), 45]
PCIT v. Well Wisher Construction (P.) Ltd. (2019)106 taxmann.com 259 / 264 Taxman 86 (Bom.)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Well Wisher Construction (P.) Ltd. (2019) 264 Taxman 85 (SC)
S. 260A : Appeal-Review-Transfer pricing–Arm’s length price–Following the earlier year order review petition is allowed-The appeal is restored to original file of this Court and shall be heard on its merits. [S. 92C]
Mckinsey Knowledge Centre India (P.) Ltd. v CIT (2019) 106 taxmann.com 248 / 264 Taxman 24 (Mag.) (Delhi)(HC)