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. 54 : Capital gains – Profit on sale of property used for residence – Exemption is available though the construction of new property was not completed with in period of three years [ S.45 ]

PCIT v. Dilip Ranjrekar (2019) 260 Taxman 317 / 177 DTR 158/ 308 CTR 662(Karn.)(HC)

S. 45 (4) : Capital gains – Firm -Retirement of partners-On contribution the individual property to firm, it is the property of the firm – Tribunal is justified in assessing the capital gains in the assessment of the firm.[ S.45 ]

S.K. Ravikumar v. ITO (2019) 260 Taxman 288/ 413 ITR 456/ 180 DTR 20/ 310 CTR 212 (Karn.)(HC)

S. 37(1) : Business expenditure-Business promotion-Failure to produce supporting evidence–Disallowance of 50% of expenses are held to be justified.

Sandeep Marwah v. ACIT (2019) 260 Taxman 231 (Delhi)(HC)

S. 37(1) : Business expenditure -Finance lease-Operating lease – Accounting Standard 19 – Matter remanded to Appellate Tribunal [S. 254(1)]

Tristar Container Services Asia (P.) Ltd. v. ACIT (2019) 260 Taxman 277 (Mad.)(HC)

S. 12A : Registration –Trust or institution- Anaesthesia speciality – Education programme and research work in larger perspective were going to benefit public at large – Entitled for registration [ S.2(15) ]

CIT(E) v. Anesthesia Society (2019) 260 Taxman 375/ 183 DTR 221 (Raj)(HC)

S. 10(12) : Accumulated balance–Recognised provident fund – Accumulated balance lying in provident fund of assessee upto retirement is eligible for exemption.

PCIT v. Dilip Ranjrekar (2019) 260 Taxman 317/177 DTR 158/ 308 CTR 662 (Karn.)(HC)

S. 2(24) : Income – Concept of real income- Statutory levy under the VAT Act, 2005 is being collected by virtue of the powers entrusted by the State Government to the assessee- entire collection is deposited in the Government Treasury of the State after deducting the actual expenditure incurred by the assessee- No real income accrues to the society-Not necessary to get registration u/s 12AA of the Act. [S. 4, 5, 12AA]

PCIT v. H.P. Excise & Taxation Technical Service Agency (2019) 260 Taxman 302/173 DTR 13 (HP)(HC).Editorial: SLP of revenue is dismissed, PCIT v. H.P. Excise & Taxation Technical Service Agency ( 2019) 266 Taxman 280 (SC)

S. 2(ea) : Assets-Urban land-Belonging—Ownership-Owner-Pendency of litigation regarding ownership of land is pending for adjudication—Possession with assessee-Includible in net wealth– Protective assessment is held to be valid.

CIT v. Meenakshi Devi Avaru ( Smt) (Decd.) Through Legal Heirs. (2019) 410 ITR 306/ 176 DTR 1 / 308 CTR 83(Karn.)(HC) CIT v. Kamakshi Devi (Smt.) (2019) 410 ITR 306 (Karn.)(HC)

S. 264 : Commissioner-Revision of other orders-Tax consultant was indisposed about 7 months due to serious back injury–Delay was condoned–Matter remanded back for disposal on merits. [S. 153A]

Karanjia Terminal & Logistics (P) Ltd. v. Dy. CIT (2019) 260 Taxman 320 / 306 CTR 597(Bom.)(HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue-Doctrine of merger—Relief granted by CIT (A)-Revision to consider eligibility of exemption is held to be not valid [ S.10A(2)(ii), 10A(2)(iii)]

CIT v. S. R. A. Systems Ltd. (2019) 410 ITR 392 (Mad.)(HC)