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. 153A : Assessment–Search-Income of any other person – Recording of satisfaction is mandatory -Notice has to be issued by Assessing Officer to other person under S. 153A although such Assessing Officer gets jurisdiction under S. 153C- In the case of searched person there is no requirement of recording of satisfaction. [S. 132, 153C]
Rajesh Kumar v. ACIT (2019) 175 ITD 734 / 181 DTR 79 (Bang.)(Trib.)
S. 80G : Donation-Charitable institutions-Carried out some of charitable activities in furtherance to its objects-Rejection of exemption is held to be not valid. [S. 12AA, 80G(5)]
Bharat Bhushan Jain Charitable Trust. v. CIT (2019) 175 ITD 729/ 71 ITR 76 (Delhi) (Trib.)
S. 45 : Capital gains- cash credits–Bogus accommodation entries- Penny stock – Sale of shares-Purchase by account payee cheque– Transaction was credited in DMAT account-Opportunity of cross examination was not given-Sale transaction cannot be treated as bogus merely on the basis of suspicious or surmises-Addition was deleted–Estimation of commission was also deleted. [S. 10 (38), 68, 69C, 132(4)]
Meghraj Singh Shekhawat v. DCIT (2019) 175 ITD 693 / 197 TTJ 278 (Jaipur) (Trib.)
S. 45 : Capital gains-sub-tenancy right-capital asset- Gains on surrender is liable to capital gains tax and not income from other sources. [S. 14, 55(2), 56]
ACIT v. Dr. Jayesh Keshrichand Shah. (2019) 175 ITD 751/ 181 DTR 41 (Mum.)(Trib.)
S. 28(i) : Business loss-Held to be not allowable as not carried out any business activity in his individual capacity during the year.
Rajesh Kumar v. ACIT (2019) 175 ITD 734 / 181 DTR 79(Bang.) (Trib.)
S. 4 : Charge of income-tax–Association of persons-Mutuality- Assessee is not claimed the benefit of mutuality-AO cannot suo motu assessee the part of income as mutuality. [S. 2(31)(v)]
Film Nagar Cultural Center v. DCIT (2019) 175 ITD 712 (Hyd.) (Trib.)
S. 2(22)(e) : Deemed dividend-Loan to a share holder–Not in the business of lending of money–Holding more than 10 percent voting power – Assessable as deemed dividend.
Rajesh Kumar v. ACIT (2019) 175 ITD 734 / 181 DTR 79 (Bang.)(Trib.)
S. 2(15) : Charitable purpose–School-Expenditure incurred on catering services for maintenance of its boarding school- Held to be educational purposes –Entitle to exemption. [S. 11, 13, 12AA]
DCIT v. Wood Stock School. (2019) 175 ITD 722 (Delhi)(Trib.)
S. 271(1)(c) : Penalty – Concealment –Disallowance of expenses –Full details are disclosed – Levy of penalty is held to be not justified.
Granite Gate Properties Pvt. Ltd. v. CIT (2019) 414 ITR 130/175 DTR 415 / 307 CTR 599 (Delhi) (HC)
S. 245D : Settlement Commission – Power- Settlement Commission does not have power to reduce or waive interest statutorily payable under S. 234A, 234B, and 234C of the Act – Matter remanded to settlement Commission .[ S. 154, 234A, 234B, 234C,245D(4),245D(6), 245F]
Kakadia Builders Pvt. Ltd. v. ITO (2019) 412 ITR 128 / 175 DTR 305 / 307 CTR 369 / / 262 Taxman 268 (SC) Editorial: Refer, Kakadia Builders Pvt. Ltd. v. ITO ( 2014) 362 ITR 342 ( Guj) (HC)