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
Click here to download the pdf versions of the Digest of case laws
S. 36(1)(va) : Any sum received from employees–EPF-ESI-Contribution from employees has to be paid within due date as per particular enactment-Disallowance is held to be justified. [S. (2924)(x), 43B]
Unifac Management Services (India) Pvt. Ltd. v. DCIT (2018) 409 ITR 225/ (2019) 260 Taxman 60/ 175 DTR 5 / 307 CTR 168 (Mad.)(HC)
S. 35DDA : Amortisation of expenditure – Voluntary retirement scheme -Deduction relating to Financial Year 2000-01, Being Fifth Year deduction is available.
CIT v. Eco Auto Components Pvt. Ltd. (2018) 409 ITR 202 (P&H)(HC)
S. 14A : Disallowance of expenditure – Exempt income – No disallowance can be made when the assessee has not earned any exempt income during the year. [R. 8D]
CIT v. Goldman Sachs Services P. Ltd. (2018) 409 ITR 268 (Karn.)(HC)
S. 10(14) : Special allowance or benefit-Employees of Life Insurance Corporation-Fixed conveyance allowance, additional conveyance allowance and expenses under head reimbursement of expenses scheme is entitled to exemption-Tax deducted at source to be reimbursed to the employees and benefit under S.89 to be extended on reimbursement of deduced amount. [S.10(14)(ii), 89, 192, R. 2BB]
K. S. Chaudhary and others v. Life Insurance Corporation Of India (2018) 409 ITR 258 (Delhi)(HC) Rajesh Kumar Gupta v. Senior Divisional Manager , Life Insurance Corporation of India (2018) 409 ITR 258 (Delhi) (HC)
S. 264 :Commissioner – Revision of other orders -Condonation of delay – Commission paid was claimed as deduction in the AY. 2013-14- Assessing Officer held that the Commissioner pertaining to AY. 2012-13 hence not allowed – Revision application was filed for the AY. 2012-13 , with in one month of the order for the AY.2013-14-PCIT rejected the petition on the ground that it was time barred – On writ the delay was condoned and the PCIT is directed to dispose the application on merits .[ S.143(3)]
Dwarikesh Sugar Industries Ltd v. Dy.CIT ( 2018) 172 DTR 291/ ( 2019) 307 CTR 582 ( Bom) (HC)
Chartered Accountants Act, 1949,
S.10: Failure to append her signatures at places earmarked therefor in nomination form, petitioner’s nomination was rightly rejected by ICAI for non-compliance of statutory rules 9, 10 and 11 of Chartered Accountants (Election to Council) Rules, 2006 and petitioner could not contest election- Petition is dismissed .[ Rules, 9, 10, 11]
Kanta Sharma v. Institute of Chartered Accountants of India (2018) 259 Taxman 376 (Delhi)( HC)
S. 200 : Deduction at source – Duty of person deducting tax -Employer -Failure to issue Form no 16 after deducting tax at source from salary- Commissioner (TDS) is directed to file a comprehensive affidavit and Department of Revenue was also to be directed to penalise such defaulters and take other strict measures as contemplated by law against them by launching prosecution as per S.405 of the Indian Penal code ( Criminal breach of trust). [ S.192 ,Indian Penal Code S. 405 ]
Ramprakash Biswanath Shroff v. CIT (TDS) (2018) 259 Taxman 385( Bom) (HC) www.itatonline.org Editorial: Petioner has received the TDS certificate accordingly the petition was herad and decided .( WPNo. 2537 of 2018 dt 11-1-2019) Ramprakash Biswanath Shroff v. CIT (TDS) ( Bom) (HC)
S.147:Reassessment- Cash credits -Share capital- On the basis of information from CBI that the receipts were camouflaged as capital receipts- Considering fact that there were materials and informations on record with revenue-Reopening of assessment was done to verify the genuineness of the investment – R reassessment is in accordance with law- Reasons recorded by the Assessing Officer need not be communicated along with the notice itself – Notice issued for purpose of reopening of assessment would not provide a cause of action for filing writ petitions . [ S.68, 143(1),148 ]
South Asia FM Ltd. v. ACIT (2018) 259 Taxman 266 /(2019) 413 ITR 205(Mad) (HC)
S.143(3): Assessment- Reassessment – Notice- When return was not filed in compliance of notice issued under S. 148, issue of notice under S 143(2) is not required for making assessment. [ S. 139 ,142(1), 143(3), 148]
PCIT v. Broadway Shoe Co. (2018) 259 Taxman 223 (J & K)(HC)