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. 45 :Capital gains- -Penny stocks- Long term capital gains from penny stocks cannot be treated as bogus if the documentation is in order and no fault is found by the AO- Addition is deleted. [ S.38, 111A ]

Chandra Prakash Jhunjhunwala v. DCIT ( 2019) 201 TTJ 831 /( 2020) 181 ITD 185/ 188 DTR 108(Kol)(Trib), www.itatonline.org

S. 37(1): Business expenditure- Capital or revenue – Expenditure on scholarship – Held to be revenue expenditure.

Harish Narinder Salve v. ACIT ( 2019) 181 DTR 121/ 74 TR 21 (SN)/178 ITD 800 Delhi)(Trib),www.itatonline.org

S.14A:Digest – Expenditure incurred for earning exempt income – Guide . R.8D

Maxopp Investment Ltd. v. CIT (2018) 402 ITR 640 / 164 DTR 1 /254 Taxman 325 (SC) • PCIT v. State Bank of Patiala (2018) 402 ITR 640 / 164 DTR 1 / 254 Taxman 325(SC)

Interpretation of taxing statutes –Retrospectivity-Power of Courts – Intention of legislature to be seen . [ S.43(5) , 73 ]

Snowtex Investment Ltd v. PCIT (SC)( 2019) 414 ITR 227/265 Taxman 3 / 308 CTR 665 / 178 DTR 89 (SC),www.itatonline.org

S. 85 : Legislative Powers-Cannot be exercised prior to date of coming into force of Act expressly stipulated in enactment-initiation of proceedings by authorities by issuing orders pursuant to notifications is not sustainable—Authorities restrained from taking or continuing any action pursuant to notifications [S. 1(3), 10(1), 85, 86]

Gautam Khaitan v. UOI (2019) 415 ITR 99/ 178 DTR 100 / 308 CTR 676/ 265 Taxman 54 (Mag.)(Delhi)(HC) Editorial : Order of High Court is reversed ,UOI v Gautam Khaitan ( 2019) 311 CTR 249/ 183 DTR 1 /( 2020) 420 ITR 140 (SC), www.itatonline.org

S. 293 : Bar of suits in civil courts–Review general principles-If the civil suit was not maintainable in view of S. 293 of the Act and this was the purported defence of the respondents and of the Department and consequential effect of the order dated September 8, 1965, no party could be left remediless and the grievance raised before the court of law, had to be examined on its own merits- There was no error committed by the High Court in its judgment rendered in exercise of its review jurisdiction calling for interference-.Decision of the Calcutta High Court affirmed. [ S. 260 ]

Sunil Vasudeva v. Sundar Gupta (2019) 415 ITR 281/ 180 DTR 289 / 309 CTR 467/ 267 Taxman 100 (SC)

S. 271(1)(c) : Penalty–Concealment-Explanation 5-Disclosed undisclosed income in the course of the statements under section 132(4), specifying the manner of earning it from real estate business and paid tax with interest for which no time frame is fixed in Explanation 5(2)-Levy of penalty is held to be not justified. [S. 132(4), 158BC]

Duraipandi and S. Thalavaipandian (AOP) v. ACIT (2019) 415 ITR 437/ 178 DTR 233/ 310 CTR 98 (Mad.)(HC)

S. 271(1)(c) : Penalty–Concealment–Advance tax shown as expenses–Appropriation of profits shown as loss-Levy of penalty is held to be justified for concealment of income and furnishing of inaccurate particulars of income.

Hamirpur District Co-Operative Bank Ltd. v. CIT (2019) 415 ITR 184/ 182 DTR 160/ 311 CTR 50/103 taxmann.com 350 (All) (HC) Editorial : SLP of assessee is dismissed ; Hamirpur District Co-Operative Bank Ltd. v. CIT ( 2020) 269 Taxman 201 (SC)

S. 271AAA : Penalty-Search initiated on or after 1st June, 2007–Immunity from penalty—Explaining manner in which undisclosed income derived-Paying tax and interest–Deletion of penalty is held to be valid.[S. 132(4)]

PCIT v. Ravani Developers. (2019) 415 ITR 91 (Guj.)(HC)

S. 264 : Commissioner-Revision of other orders-Hosing projects- Failure to claim deduction in return-Commissioner cannot grant the deduction in revisional jurisdiction by virtue of S.80A(5) of the Act. [S. 80A(5), 80IB(10)]

EBR Enterprises v. UOI (2019) 415 ITR 139/ 180 DTR 73 / 266 Taxman 15/ 311 CTR 698(Bom.) (HC)