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. 115U : Venture capital companies – Venture capital Funds – long term capital gains on purchase and sale of units of Venture capital fund which has suffered Securities Transaction tax is exempt from tax. [ S. 10(23FB),(10(38) ]

Gopal Srinivasan v. DCIT (2018) 169 ITD 589 /165 DTR 345/ 193 TTJ 968 (Chennai) (Trib.)

S. 194H : Deduction at source – Commission or brokerage -Cash discount given to customers for purchasing in bulk quantity cannot be termed as commission hence not liable to deduct tax at source .

EPCOS India (P.) Ltd. v. ITO (2018) 169 ITD 541/ 65 ITR 20 (SN) (Kol) (Trib.)

S. 201 : Deduction at source – Failure to deduct or pay -Short deduction of tax at source was rectified and in appellate proceedings and paid the tax with interest, assessee cannot be treated as assessee in default .[ S.194C, 201(1), 201(IA]

Executive Engineer Construction v. DCIT (2018) 169 ITD 340 (Agra) (Trib.)

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Non est revised return cannot be revised as the assessment order itself is null and void.

Hari Mohan Das Tandon (HUF) v. PCIT (2018) 169 ITD 639 (All) (Trib.)

S. 201 : Deduction at source – Failure to deduct or pay -Short deduction of tax at source was rectified and in appellate proceedings and paid the tax with interest, assessee cannot be treated as assessee in default .[ S.194C, 201(1), 201(IA]

Executive Engineer Construction v. DCIT (2018) 169 ITD 340 (Agra) (Trib.)

S. 234B : Interest – Advance tax -Book profit- In view of Explanation 1(v) of sub-section (1) of S. 234B, MAT credit has to be allowed from ‘assessed tax’ and, thereafter, interest to be computed [

Ellenbarrie Industrial Gases Ltd. v. ITO (2018) 169 ITD 194 (Kol) (Trib.)

S. 4 : Charge of income-tax -Interest awarded under Land Acquisition Act is in nature of solatium and an integral part of compensation and receipt of same is a capital receipt whereas, interest awarded under the said act is on account of delayed payment of compensation and is revenue receipt. [S. 10(37), Land Acquisition Act, 1894, S , 28,34 ]

Dnyanoba Shajirao Jadhav v. (2018) 169 ITD 291 (Pune) (Trib.)

S. 11 : Property held for charitable purposes – Charging of fees for educational activities which has to be applied for the object of the trust has to be seen as application of income -There is no disharmony between S. 10(23C) and S. 11 and exemption cannot be denied .[S. 10(23C) 12, 12A ]

Adarsh Public School v. JCIT ( 2018) 169 ITD 255 ( Delhi) (Trib)

S. 12A : Registration –Trust or institution- Corpus contributions being capital receipts, cannot be charged to tax though the trust is not registered [ S. 2(24)(iia),12AA ]

ITO v. Serum Institute of India Research Foundation. (2018) 169 ITD 271 / 195 TTJ 820 (Pune) (Trib.)

S. 12AA : Procedure for registration –Trust or institution- Assessee, a body corporate, was formed under U.P. Urban Planning and Development Act, 1973, to promote and secure development of local area is eligible for registration [ S.2(15) ]

Firozabad Shikohabad Development Authority. v. CIT ( 2018) 169 ITD 202 (Agra) (Trib.)