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. 28(i) : Business income – Capital gains- Buying and selling of shares frequently and volume and magnitude being very high assessable as business income and not as capital gains [ S.45 ]

Rakesh Kumar Gupta v. CIT (2018) 254 Taxman 394 (Delhi)(HC)

S. 28(i) : Business loss -Advance written off- Matter was remanded back to Assessing Officer for deciding as to whether there was actual irrecoverability of advances which assessee chose to write off in its account and claimed write off amount as business loss

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

S. 12AA : Procedure for registration –Trust or institution- Society engaged in preparing and supplying mid-day-meals to students at primary schools in various villages, against a contract awarded by State Government is a charitable purpose and entitle to registration .[ S.2(15 ]

CIT v. Shri Balaji Samaj Vikas Samiti (2018) 254 Taxman 93/ 302 CTR 397 (All.)(HC)

S. 11 : Property held for charitable purposes – Surplus earned from organizing exhibition- As separate books of account is not maintained denial of exemption was held to be justified .[ S.11(4A) ]

Indian Machine Tools & Manufacturers Association v. DIT(E) (2018) 254 Taxman 243/ 165 DTR 1 / 302 CTR 289 (Bom.)(HC)

S. 10(46) Authority: Greater Noida Industrial Development Authority which is engaged in undertaking works relating to housing schemes and land development schemes including acquisition, distribution, sale and letting of properties is entitle to exemption .

Greater Noida Industrial Development Authority v. UOI (2018) 406 ITR 418/ 254 Taxman 289/ 303 CTR 512/ 167 DTR 153 (Delhi)(HC)

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)