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. 132 : Search and seizure – Issue of warrant of authorisation against the locker of the assessee, without disclosing any material or information stating that locker contained valuable jewellery or other articles representing undisclosed income warrant was unjustified and held to be illegal [ S.153A]
Shah E Naaz Judge v. ADIT (2019) 260 Taxman 116/ 306 CTR 42 / 173 DTR 169 (Delhi)(HC)/Sahyr Kohli v ADIT (2019) 260 Taxman 116/ 306 CTR 42/ 173 DTR 169 (Delhi)(HC) Sandeep Kohli v. ADIT (2019) 260 Taxman 116/ 306 CTR 42/ 173 DTR 169 (Delhi)(HC)
S. 127 : Power to transfer cases–Recording of reasons–Non application of mind -Reason must disclose that patently, logic and prudence has been applied before passing the order– Decentralisation of central charges cannot constitute sufficient reason to transfer the cases.
PCIT v. Rohtas Project Ltd. (2018) 100 Taxman 383 / (2019) 260 Taxman 95 (All.)(HC) Editorial : SLP of revenue is dismissed ;PCIT v. Rohtas Project Ltd. (2019) 260 Taxman 94 (SC)
S. 45 : Capital gains- Business income- Set of off loss from one transaction against gain form second transaction is held to be allowable. [S. 28(i)]
PCIT v. Adar Cyrus Poonawalla (2019) 260 Taxman 41 (Bom.)(HC)
S. 36(1)(vii) : Bad debt–Waiver of right to receive sale consideration from director and family members–Avoid deadlock in management-Family settlement–Partition recognised u/s 171–Allowable as bad debt [S. 171]
CIT v. Millennia Developers (P.) Ltd. (2019) 260 Taxman 142/ 307 CTR 226 /174 DTR 282 (Karn.)(HC).Editorial: SLP of revenue is dismissed , CIT v. Millennia Developers (P.) Ltd ( 2019) 266 Taxman 186 (SC)
S. 28(i) : Business loss-Trading loss-Purchase and sales through commission agent-Loss held to be non -genuine -Disallowance is held to be justified–CIT(A) can consider the record relating to past assessment, while deciding the appeal. [S. 250, 260A]
Mathur Marketing (P.) Ltd. v. CIT (2019) 260 Taxman 9/ 173 DTR 74/ 307 CTR 613/ 413 ITR 353 (Delhi)(HC)
S. 12AA : Procedure for registration –Trust or institution-Not carrying on any charitable activity during the relevant period cannot be the ground to cancel registration. [S. 12A]
DCIT v. D.R. Ranka Charitable Trust (2019) 260 Taxman 139 (Karn.)(HC)
S. 10(34) : Dividend–Domestic companies-Tax on distribution of profits–Exemption cannot be denied to receiver of dividend, though the payer company had not paid tax on dividend distribution under section 115-O of the Act. [S. (22)(d), 115-O]
PCIT v. Kayan Jamshid Pandole (Smt.) (2019) 260 Taxman 32 / 306 CTR 597/ 174 DTR 141(Bom.)(HC)