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. 10(46) : Body or authority-Maharashtra State Board of Technical Education falls under definition of ‘State’ as per Article 12 of Constitution and its income is eligible for exemption. [Art. 12, 289]
Maharashtra State Board of Technical Education. v. ITO (2019) 176 ITD 47 / 200 TTJ 810/ 182 DTR 89(Mum.)(Trib.)
S. 10(37) : Capital gains-Agricultural land-Acquired by Government-Enhanced compensation including interest received would be eligible for exemption. [S. 45, Land Acquisition Act, 1894, S.28]
Baldev Singh v. ITO (2019) 176 ITD 1 (Delhi)(Trib.)
S. 4 : Charge of income-tax–Capital or revenue -Compensation received as a termination of business activity is held to be capital receipt. [S. 28(i)]
DCIT v. Rishabh Infrastructure (P.) Ltd. (2019) 176 ITD 150 (Raipur)(Trib.)
Interpretation of taxing statutes – Intention of legislature to be seen – Industrial undertaking- Initial assessment year. [ S.80IC ]
PCIT v. Aarham Softronics (2019) 412 ITR 632 / 261 Taxman 529 / 175 DTR 105 / 307 CTR 233 (SC ),www.itatonline.org
S. 22 : Professional and other misconduct–ICAI has jurisdiction to entertain complaint against chartered Accountant for sexual harassment. [S. 21]
Lalit Agrawal v. ICAI (2019) 261 Taxman 459 (Delhi)(HC)
S. 4 : Prohibition of the right to recover property held benami-Fiduciary capacity – Purchase of property in the name of trustworthy employee–Trail Court rejected the suit to recover the property on the ground that suit was barred–Matter restored back to Trial Court decide on merits. [Civil Procedure Code, 1908, Order VII Rule 11(d)]
Guruswami Ganga Naikar v. Vaishali Mohan Kshirsagar (2019) 261 Taxman 504 (Bom.)(HC)
S. 2(9) : Benami transaction–Person making contribution for purchase of property are not owners of property but property in law is of persons in whose name title with respect thereto has been recorded. [S. 4]
Ekant Baruta v. Rakesh Baruta (2019) 261 Taxman 565 (Delhi)(HC)
S. 2(9) : Benami transaction- Defining expressions fiduciary capacity and trustee, it is not as if any vested right existing under earlier provisions of section 4(3) is taken away. [S. 4(3)]
Anis Ur Rehman v. Mohd. Tahir (2019) 261 Taxman 488 (Delhi)(HC)
S. 260A : Appeal-High Court–Delay of 507 days-Part time employee –Ex employee not filed the affidavit–Delay was not condoned.
Vama Apparels (India) (P.) Ltd. v. ACIT (2019) 261 Taxman 496/ 307 CTR 469 / 175 DTR 168(Bom.)(HC)