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. 54F : Capital gains – Investment in a residential house -Relief is available if unutilized sale consideration in capital gain account scheme within due date of filing belated tax return under S. 139(4) [ S.45 , 54B ]

PCIT v. Shankar Lal Saini. (2018) 253 Taxman 308/ 168 DTR 226 (Raj)(HC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Share application money from holding company which was adjusted against goods sold by assessee cannot be assessed as cessation or remission of liability .

CIT v. Indo Widecom International Ltd. (2018) 409 ITR 144/ 253 Taxman 117 / 300 CTR 437 /161 DTR 345 (All)(HC)

S. 40A(7) : Expenses or payments not deductible – Gratuity -Delay in granting approval- As the condition was satisfied, no disallowances can be made .

PCIT v. English Indian Clays Ltd. (2018) 253 Taxman 208 (Ker)(HC)

Kar Vivad Samadhan Scheme -Finance Act 1988

S.88: Declaration and prescribed rates of amounts payable -No tax arrears on the date of filing of declaration – Arrears was adjusted without giving an notice of hearing -Rejection of application was held to be valid .[S.87 ]

Kapurchand Jethaji & Co. v. CIT (2018) 164 DTR 98 (Bom) (HC)

Gift -tax Act , 1958.
S. 4: Deemed gift- Investment company- Sale of shares at Rs 10 per share as against book value of shares at Rs 6.86 per share cannot be held to be in adequate- Valuation as per Schedule III of the Wealth -tax Act, 1957 cannot be applied . Addition was deleted.

Amita Dua v. GTO (2018) 164 DTR 142 / 310 CTR 269(Delhi)( HC)

Pradhan Mantri Garib Kalyan Yojna 2016 ( PMGK Scheme) Finance Act , 2016

S.199: PMGK Scheme is self contained complete code-Benefit of credit for advance tax paid at any stage before , during pendency of Scheme or thereafter cannot be given- No provision prohibits or bars an assessee, who had made true and correct disclosure, to partly take benefit of the option under S. 115BBE and partly exercise the second option in the form of declaration under PMGK Scheme. The sections do not prohibit part declarations under both options, provided entire undisclosed income has been accounted for in the declaration made under PMGK Scheme and S.115BBE. [S.199A to 199R, S,115BBE, 216 ]

Virag Tiwari v. PCIT (2018) 164 DTR 33 / 301 CTR 602/ 256 Taxman 103 (Delhi )(HC) .Editorial : SLP granted to asseseee,Virag Tiwari v. PCIT (2021) 283 Taxman 188 (SC)

S.271(1)( c ):Penalty—Concealment – Long term capital gains –Not specifying the charge- Deletion of penalty was held to be not justified – Order was set aside to decide the issue on merit [ S.45 , 54F ]

PCIT v. Prakash Chandra Sharma. (2018) 406 ITR 330/ 163 DTR 368 / 301 CTR 468 (All) (HC)

S. 254(1) : Appellate Tribunal –Remand – Qualified remand was held to be not proper it has to be open remand , direction of the Tribunal was modified .

CIT v Tagros Chemicals (India) Ltd. (2018) 161 DTR 341 (Mad) (HC)

S. 234B : Interest – Advance tax -Capital gains- CBDT declined to waive the interest- Dismissing the petition the Court held that in law, equity would be subservient to; and, could not override; statute —Rejection of petition for waiver of interest is held to be justified [ S.119 ]

Arun Sunny v. CCIT (2018) 161 DTR 391 / 303 CTR 110(Ker)(HC)

S. 226 : Collection and recovery – Modes of recovery- The ITO (TDS) Bhagalpur cannot act arbitrarily and extend favour to the Mining Department and release their Bank account and decide to attach the Bank account of the petitioner and recover the tax liability from the Bank account of the petitioner in proceedings u/s 226(3)- Department was directed to refund the amount collected with in three months along with interest , failure to which the department was directed to pay the cost of Rs 1 lakhs which shall be paid from the pocket of the ITO. [ S.226(3) ]

Sainik Food (P) Ltd. v. PCIT (2018) 406 ITR 596/ 164 DTR 265/ 302 CTR 49 (Pat) (HC)