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. 13 : Denial of exemption-Trust or institution-Investment restrictions – Exemption cannot be denied unless the revenue proves that amount paid to persons referred in sub -section (3) of section 13 is in excess of what may be reasonably paid for services rendered . [ S.11, 12AA]
CIT v. Sri Balaji Society ( 2019) 101 Taxman.com 52/ 260 Taxman 246 ( Bom) (HC)
S.28(i): Business loss – Main object of the company – Infrastructure- Amended clause to carry on business of shares futures and options- Speculation- Futures and options- Amendment in object clause to carry on business in futures and options- Loss is allowable as business loss [ S. 43(5,73 ]
PCIT v. Triforce Infrastructure ( India ) Pvt.Ltd ( Bom) ( HC) (UR) Editorial: DCIT v Triforce Infrastructure ( India ) Pvt.Ltd (SMC) ( Mum) (Trib)( ITA No .1890 /Mum/ 2014 dt 12-06-2015) is affirmed .
S.144: Best judgement assessment- Books destroyed due to flood- Expenditure cannot be disallowed arbitrarily – Best judgement should not be made as a best punishment assessment .[ S.37 (1)
PCIT v. Rahul J. Jain ( Bom) (HC) (UR) Editorial: Order in ACIT v Rahul J. Jain (Mum) (Trib) ( ITA NO 5986 /M/ 2013 dt 28 -9-2015) is affirmed
S.68: Cash credits – Loans – Confirmation, balance sheet, bank account produced -AO had made no effort to verify the details filed by the assessee- Addition is held to be not justified .
PCIT v. Parth Enterprises ( Bom) (HC) (UR) Editorial. Order in ITO v. Parth Enterprises ( Mum) (Trib) ( ITA No 976/M. 2016 dt. 10-06-2015 is affirmed .
S. 254(1) : Appellate Tribunal- Duties-Failure consider the pleas raised by the assessee–Matter remanded. [S. 68]
Rajiv Jain. v. ITO (2019) 410 ITR 179 / 308 CTR 393TR 27/ 177 D(Delhi) (HC)
S. 143(3) : Assessment-Transport business—Estimation of income- Tribunal should have adopted same method in case of assessee’s son-Income from shares- Assessable in the hands of individual-Question of fact -Estimation of income–Could not be telescoped. [S. 5, 145]
S. Dhanapal (Smaller (HUF) (Specified) v. ACIT (2019) 410 ITR 230 (Mad.) (HC) S.Dhanpal (Bigger HUF) (Specified) v. ACIT (2019) 410 ITR 230 (Mad.) (HC) S. Dhanpal (Individual) v. ACIT (2019) 410 ITR 230 (Mad.)(HC)
S. 115JA : Book profit- Company—Provision for bad debts— Amended provision By Finance (No. 2) Act, 2009 with retrospective effect from 1-4-1998 — Matter Remanded to Assessing Officer to decide applicability of the provision.
Chettinad Cement Corporation Ltd v. DCIT (2019) 410 ITR 224 (Mad.)(HC)
S. 80P : Co-Operative Bank- Income from sale of goods for public distribution system of State Government under directive of State Government–Ancillary activity–Entitle to deduction. [S. 80P(1)(2)(a)(i), Tamil Nadu Co-Operative Societies Act, 1983, S.2(13)]
Kodumudi Growers Co-Operative Bank Ltd. v. ITO (2019) 410 ITR 218 (Mad.)(HC)
S.45 : Capital gains—Computation-Revaluation of assets— Transferred to firm – For the purpose of computing capital gains value of assets recorded in books of the firm on date of transfer would be deemed to be full value of consideration received as a result of transfer Valuation of assets cannot be entertained in appeal. [S. 45,260A]
CIT v. DR. D. Ramamurthy. (2019) 410 ITR 236 / 102 Taxman.com 330/ 261 Taxman 435 (Mad) (HC) Editorial: SLP of revenue is dismissed; CIT v. DR. D. Ramamurthy. (2018) 408 ITR 18 (St.)/( 2019) 261 Taxman 560 (SC)