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.35AC:Expenditue on eligible projects – Schemes –Promissory estoppel is not available to an assessee against the exercise of legislative power nor any vested right accrues to an assessee in the matter of grant of any tax concession to him- In a taxing statute, a plea based on equity or/and hardship is not legally sustainable –Withdrawal of exemption is valid . S. 35AC(7) is prospective in nature- Provision is valid in law . [ S.35AC(7) ]

Prashanti Medical Service & Research Foundation v. UOI ( 2019) 416 ITR 485/ 180 DTR 209/ 309 CTR 457 / 265 Taxman 504(SC), www.itatonline.org Editorial : From the judgement in Prashanti Medical Service & Research Foundation v. UOI (2017) 399 ITR 450/ 250 Taxman 515/157 DTR 241 /298 CTR 265 (Guj) (HC)

S. 271AAB : Penalty-Search initiated on or after 1st day of July 2012-Undisclosed income – Additional amount declared – Penalty levied at 60% on the amount surrendered is not valid penalty can be levied only at 10% of surrendered income – Additions made in respect of debatable issue levy of penalty is not justified. [S. 132(4), 271AAB(1)(a), 271AAB(c), 274]

SEL Textiles Ltd. v. DCIT ( 2019) 181 DTR 217 (Chd.) (Trib.)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Income from other sources- Order passed by the AO following the decision of Appellate Tribunal cannot be said to be erroneous – Amount received by a member of HUF from HUF is not taxable as income from other sources -Amount received is not a gift without consideration because the member has a pre-existing right in the property hence capital receipt – Revision is not valid. [S. 4, 10(2) 56(2)(vii)]

Pankil Garg v. PCIT ( 2019) 181 DTR 305 (Chd.)(Trib.)

S. 4 : Suit for declaration of title with respect to premises – Plea raised by appellant was barred under S. 4 or not could not have been subject matter of assessment at stage when application under Order VII Rule 11 CPC was taken up for consideration -Court directed the Trial Court to expedite the matter and dispose of the pending suit as early as possible and preferably within six months. [Code of Civil Procedure, Order 1908 VII Rule 11]

Pawan Kumar v. Babulal (2019) 263 Taxman 354 (SC)

S. 271(1)(c) : Penalty–Concealment–Quantum deleted-Levy of penalty was quashed.

CIT v. Ajanta Pharma Ltd. (2019)105 taxmann.com 160/ 263 Taxman 353 (Bom) (HC) Editorial: Appeal of revenue is dismissed on the ground of delay as well as on low tax effect .CIT v. Ajanta Pharma Ltd. (2019) 263 Taxman 352 (SC)

S. 271(1)(c) : Penalty-Concealment-Excess stock–Deletion of penalty and also quantum of addition is held to be valid. [S. 145]

PCIT v. Deccan Mining Syndicate (P.) Ltd. (2019) 105 taxmann.com 277/ 263 Taxman 449 (Karn.)(HC) PCIT v. Deccan Mining Syndicate (P.) Ltd. (2019) 105 taxmann.com 137 / 263 Taxman 342 (Karn.)(HC) Editorial: SLP of revenue is dismissed , PCIT v. Deccan Mining Syndicate (P.) Ltd. (2019) 263 Taxman 448 (SC)/ PCIT v. Deccan Mining Syndicate (P.) Ltd. (2019) 263 Taxman 341 (SC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue–On money-Order passed by the AO after detailed enquiries-Revision is held to be bad in law. [S. 69]

PCIT v. Shree Gayatri Associates (2019) 263 Taxman 673 (Guj.)(HC) Editorial : SLP of revenue is dismissed , PCIT v. Shree Gayatri Associates (2019) 263 Taxman 672 (SC)

S. 260A : High Court-Question of law-Reassessment-Book profit– Provisions-High Court was not justified in dismissing appeal on ground that appeal did not Involve any substantial question of law and case was remanded to High Court for deciding revenue’s appeal afresh on merits in accordance with law after framing substantial question of law in accordance with law. [S. 115JB, 147, 148]

PCIT v. Nokia India (P.) Ltd. (2019) 263 Taxman 460 (SC) Editorial : Order in (ITA No.854 of 2016 dt. 21-4-2017) PCIT v. Nokia India (P.) Ltd (2019) 104 taxmann.com 467/ 263 Taxman 463 ( Delhi ) (HC) is set aside.

S. 254(2A) : Appellate Tribunal–Stay–Stay of demand would not stand vacated after expiry of a period of 365 days, if delay in disposal of appeal was not attributable to assessee. [S. 254(1)]

PCIT v. BMW India (P.) Ltd. (2019) 105 taxmann.com 135 / 263 Taxman 340 (P & H)(HC) Editorial : SLP of the revenue is dismissed as infructuous as the main appeal is disposed by the Appellate Tribunal, PCIT v. BMW India (P.) Ltd. (2019) 263 Taxman 339 (SC)

S. 245D : Settlement Commission – Passing of order u/s 245D(3) is the discretionary of the Settlement Commission – Revenue cannot insist that the Settlement Commission must pass the order before proceeding further under S.245D(4) of the Act. [S.245D(2)(C), 245D(3), 245D(4)]

PCIT (C) v. ITSC (2019) 263 Taxman 698/ 178 DTR 329 / 310 CTR 46 (Bom.)(HC)