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. 43(6) : Written down value – For computing WDV depreciation allowed under the State enactment cannot be reduced [S.32 . Kerala Agricultural Income-tax Act, 1991 ]

Rehabilitation Plantations Ltd v. CIT (2018) 253 Taxman 522/ 166 DTR 433/ 305 CTR 213 (Ker)(HC).

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Students who could not pass the examination would get 50 percent of fees as refund within two months from the declaration of results of examination – Contract between parties clear and Tribunal is right is holding that the unclaimed amounts were assessable to tax as deposit changed its character into income.

E.K. Thakur (Deceased) Through LR Gautam E Thakur .v. CIT (2018) 163 DTR 380 (Bom.)(HC)

S. 11 : Property held for charitable purposes – Application of income -Wrirte back of depreciation was allowed to be carried forward for application of income of subsequent years [ S.32 ]

Lissie Medical Institutions v. CIT (2018) 161 DTR 73/300 CTR 130 (SC)

S. 281 – certain transfers to be void – Tax Recovery officer (‘TRO’) has no jurisdiction to declare transaction of transfer of property as null and void in proceedings under rule 16 of Second Schedule to Act [ S.220, R.48 ]

Nitaben Harishbhai Shah v.TRO ( 2018)406 ITR 347/ 253 Taxman 222/ 163 DTR 442/302 CTR 406 ( Guj) ( HC)

S. 237 : Refunds –CBDT- Excess deduction of tax deduction at source -Delay in disposal of application for refund by CBDT- High Court ccondones delay for making belated TDS refund claim for bonafide reason and directs the AO to decide on merits [ S. 119, 195 ]

Multibase India Ltd v.ITO (2018) 163 DTR 493 / 302 CTR 46 (Guj HC)

S. 234A: Interest – Default in furnishing return of income -Bonafide family dispute -Entitle to waiver of ninterest . [ S. 119,133A, 148,234B, 234C]

R. Mani v.CCIT (2018) 406 ITR 450/253 Taxman 3/ 164 DTR 114/ 302 CTR 250 (Mad) (HC)

S. 222 Collection and recovery – Certificate to Tax Recovery Officer -Time limit for sale of attached immovable property – the order of the DRT becomes final only after expiry of period prescribed for filing appeal and therefore 3 year period as stipulated by rule 68B for sale of attached property should be determined from such date when the order of DRT becomes final- Sale was held to be not time barred .

K. Kutaguptan v. Canara Bank (2018) 253 Taxman 88/166 DTR 65 / 305 CTR 431(Ker) ( HC)

S. 206C: Collection at source – Scrap – Items used by the buyers in manufacturing of other items cannot be considered as scrap,hence not liable to collect tax at source .

PCIT (TDS) v. Safari Fine Clothing (P) Ltd. (2018) 253 Taxman 198/ 163 DTR 219/ 305 CTR 331 (Guj.)(HC)

S. 195A; Deduction at source – Net of tax – Salary and tax both were borne KSEB, in whose project assessees were employed and, therefore, provisions is applicable -Amount paid as tax would be included as salary [ S.192 ]

Horace Dansereau v. ACIT (2018) 162 DTR 7 / 253 Taxman 52 / 300 CTR 548 (Ker.)(HC)

S. 179: Private Company – Liability of Directors – Assessing Officer can exercise jurisdiction to recover the dues of the company against the director only when it fails to recover its dues from Private limited company.Order of AO was set aside

Madhavi Kerkar v. ACIT (2018) 403 ITR 157/253 Taxman 288/ 165 DTR 362 / 302 CTR 340 (Bom) (HC)