Constitution of India , 1949 . Art.141 :Covid -19 – Extension of limitation period due to Covid-19 Lock down- Service of all notices, summons and exchange of pleadings may be effected by e-mail, FAX, WhatsApp, Telegram, Signal etc in addition to service of the same document by e-mail simultaneously on the same date- The Reserve Bank of India may consider whether the validity period of a cheque under the Negotiable Instruments Act should be extended or not [ Arbitration and Conciliation Act, 1996 S.23(4),29A, Banking Regulation Act,1949, S.35A, Commercial Courts Act, 2015 ,S.12A Constitution of India, 1949 , Art 141 , Negotiable Instruments Act, 1881,S.46 Limitation Act 1908 , S.5 ]
In Re Cognizance for extension of limitation v .Ors ( 2020) 9 SCC 468; MANU/SC/ 0654/ 2020 (SC) www.itatonline.org
Digest of case laws
Online digest of latest case laws
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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Art. 217(2) : Judicial office- Elevation to High Court – Family Court has all trappings of Court – Therefore is a court – However Judges of Family Court do not hold, Judicial Office- Not eligible to be considered for elevation as High Court Judges . [ Art , 233(2) 236 , Family Courts Act , 1984 , S 3 ]
S.260A :Appeal -High Court – Substantial question of law- High Court in second appeal cannot reverse the concurrent finding of Courts below ,without framing a substantial question of law . [ Civil procedure code 1908 , S.100 ]
S.N.D.P Sakhayagam v .Kerala Atmavidya Sangam and ors ( 2017) 8 SCC 835S.260A :Appeal -High Court – Substantial question of law- High court is directed to consider the substantial question of law at the time of final hearing of appeal in respect of questions which was not pressed at the time of admission of appeal. [ S. 10A, 260A (4) , 261 ]
Convergys India Services (P.) Ltd. v CIT (2014) 221 Taxman 114 / 269 CTR 127 ( SC)S. 254(1) : Appellate Tribunal – Duties -Penalty -Concealment of income – An appellate authority has to decide all the issues , it cannot decide only one issue and decline to go other issues raised before him- Deletion of penalty is held to be valid . [ S. 271(1) (c ) , Indian Income -tax Act ,1922, S .28(i) ( c) ]
CIT v Ramdas Pharmacy (1970) 77 ITR 276 (Mad ) (HC)9.S.69C : Unexplained expenditure – Bogus purchases – Failure to produce lorry receipts and movement of goods – Mere reliance by the AO on information obtained from the Sales Tax department or the statements of two persons made before the Sales Tax Department would not be sufficient to treat the purchases as bogus – Burden is on revenue to prove that the transaction is not genuine- Deletion of addition is held to be justified . [S.133(6) ]
PCIT v. Vaman International Pvt. Ltd (2020)422 ITR 520 /118 taxmann.com 406 /(2021 ) 202 DTR 209/ 321 CTR 671 (Bom) (HC) www.itatonline.orgS. 143(3) : Assessment – Liability to tax – Set-aside – Attachment of property
Ashwin S. Mehata & Anrs. v. Custodian & Ors. AIR 2006 Supreme Court 795 (SC)Maharashtra Co -Operative Society Act ,1960
S.41 : Exemption from compulsory registration of Instruments relating to shares and debentures of Society – Gift of shares of Co-op Hsg. Society- Gift of immoveable property -Unregistered declaration of gift of Shares held by a Member of Co-operative Hsg. Society – Property thereunder cannot be said to be validly transferred even though accepted by donee.[ Indian Registration Act ,1908, S.17 , Transfer of property Act , 1882 , S. 53, 123 ]
Jetu Jacques Taru Lalvani v. Solestrap Industries Ltd. (2006) 3 AIR Bom R 281/ , AIR 2006 (NOC) 780 (Bom)/ 2006 (1) MHLJ 21 (Bom) (HC)Recovery of Debts Due to Banks and Financial Institutions Act, 1993,
S.3: Establishment of Appellate Tribunal- Infrastructural constraints faced by DRTs and DRATs, in terms of inadequacy of Tribunals, Members/Chairpersons, staff, physical infrastructure, etc. – Suggestions made by Solicitor General and amicus curiae for improving the administration of justice by these Tribunals. – High Court shall keep a watch on functioning of Tribunals: [ S.17, 18 , Constitution of India 1949 , Art , 226 , 227 ]
UOI and Others v. Debts Recovery Tribunal Bar Association and Another (2013) 2 SCC 574.S. 115JB : Book profit – Waiver of loan -Loss or depreciation – Reduction of lower of loss or depreciation of the past years is allowable even where the same did not appear in the books of the current years on being absorbed against the credits not otherwise liable to tax in the past years- Matter remanded to CIT(A) for on a short point that the aspect of the adjustments had not been delved upon. . [ S.32 , 72 ]
Windsor Machine Ltd v .DCIT ( 2020 ) 185 ITD 576/ 81 ITR 41 /(2021) 199 DTR 79 ( Mum) (Trib)