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. 12A : Registration –Trust or institution-Educational trust- Registration could not be denied on ground that assessee should have sought approval under S. 10(23C)(vi) of the Act. Matter remanded to CIT (E), in accordance with law. [S. 10(23C)(iiiad), 10(23C(vi)]

Swami Vivekanand Education Society v. CIT (E) (2018) 173 ITD 101 (Chd.)(Trib.)

S.22: Professional misconduct- SEBI and disciplinary committee of ICAI found respondent guilty of several irregularities in public issu of a company – Removal of his name from register of members of ICAI for a period of one year , reference was accepted .

Council of the Instiute of Chartered Accounts of India v. Ashok Kumar ( 2018) 252 Taxman 129 ( Delhi) (HC)

S.147 : Reassessment – Notice – Non-resident – Permanent-establishment – Tax deduction at source – Survey –Reassessment proceedings was held to be valid by High Court -Subsequent finding of DRP that there was no permanent of assessee in India , AO has dropped reasssement proceedings- Order passed by High Court up holding validity of proceedings was set aside- DTAA–India–Korea. [S.148, Art. 5 ]

Principal Officer, L.G. Electronics Inc. v. ADIT (IT) ( 2018) 255 Taxman 77/168 DTR 426 / 304 CTR 109 / 101 CCH 273 (SC) Editorial: Order in Principal Officer, L.G. Electronics Inc. v. ADIT (IT)(2014) 368 ITR 401/226 Taxmann 204/271 CTR 663 (All.)(HC) is set aside.

S. 13 : Denial of exemption-Trust or institution- Investment restrictions -Shares received by way of gift failed to dispose off or convert said shares in to permissible investments – Denial of exemption is to be restricted to only income earned from shares to be taxed at marginal rate under S.164(2) and not on entire income of the assessee.[ S. 11,13(1)(d) (iii),164(2) ]

CIT( E) v. Santokba Durlabhji Trust Fund ( 2018) 93 taxmann.com 324 ( Raj)(HC) Editorail: SLP is garnted to the revenue , CIT( E) v. Santokba Durlabhji Trust Fund ( 2018) 93 taxmann.com 325 (SC)

S.37(1): Business expenditure -Granting monetary benefit to legal heir of a former employee on the basis of resolution passed by the cpmpany is allowable as business expenditure .

CIT v. India Motor Parts & Accessories Ltd ( 2018) 255 Taxman 132 ( Mad)(HC)

S.37(1): Business expenditure – Capital or revenue- Product development expenses -Expenditure incurred improving quality of existing products – Held to be allowable as revenue expenditure .

CIT v. Arvind Products Ltd ( 2018) 255 Taxman 472 ( Guj) (HC)

S. 220 : Collection and recovery – Assessee deemed in default – Stay- Revenue authorities cannot pass an order mechanically referring the instruction no 1914 dt. 21-03 1996,directing the Assessee to pay 20 percent of amount during pendency of appeal before CIT (A)- Order of PCIT is set aside and reamnded to the PCIT to reconsider the application of stay and decide in accordance with law .[ S.251 ]

Charishma Hotels ( P) Ltd v. ITO ( 2018) 255 Taxman 187/ 305 CTR 621/ ( 2019) 410 ITR 96 ( Karn) (HC)

S. 220 : Collection and recovery – Assessee deemed in default – Stay- Power of stay with Appellate Authority cannot be equated to power garnted to the Assessing Officer- Petition was dismissed and directed to file stay petition before CIT(A )[ S.220(6), 251 ]

Cavinkare ( P) Ltd v. CIT( A) ( 2018) 255 Taxman 181 ( Mad) (HC)

S. 147 : Reassessment- Charitable trust-Appeal agsint rejection of application for exemption of income was pending for next year- Reassessment notice for earlier years would not be vitiated by pending appeal against cancellation of application under S.13 of the Act .[ S. 11, 12AA, 13 , 148 ]

Urban Development Authority v.ITO ( 2018) 256 Taxman 237 ( Karn) (HC)

S. 36(1)(iii) :Interest on borrowed capital -Development and construction of residential building -Followed Accounting Standard- Disallowance of interest is not justified on the ground that interest on borrowings was included in closing work in progress .[ S.145 ]

PCIT v. Milroc Good Earth Property & Developers LLP ( 2018) 256 Taxman 257 ( Bom) (HC)