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. 132 : Search and seizure-Validity–Initiation of search proceedings was not based upon any information or other material- Authorisation is held to be invalid and quashed. [Art. 226]

Laljibhai Kanjibhai Mandalia v. PDIT(I) (2019) 416 ITR 365 /263 Taxman 604/309 CTR 330/ 180 DTR 49 (Guj.)(HC).Editorial : PDIT (Inv) v. Laljibhai Kanjibhai Mandalia (2022)446 ITR 18 (SC), order of High Court set aside . /Editorial: SLP granted to Revenue , PDIT (Inv) v. Laljibhai Kanjibhai Mandalia (2022) 287 Taxman 564 / 114 CCH 170 (SC)

S. 115B : Life Insurance business–Surplus available in shareholder’s account was not to be taxed separately as income from other sources and same was to be taxed at normal corporate rate as specified under section 115JB of the Act. [S. 56]

PCIT v. ICICI Prudential Life Insurance Company Ltd. (2019) 415 ITR 389/ 105 taxmann.com 471 / 263 Taxman 471 (Bom.)(HC) Editorial: SLP is granted to the revenue, PCIT v. ICICI Prudential Life Insurance Company Ltd. (2019) 263 Taxman 47// 411 ITR 39 (St) (SC)

S. 80IC : Special category states–Substantial expansion- Entitle to exemption.

PCIT v. Security Products (P.) Ltd. (2019) 105 taxmann.com 177/ 263 Taxman 373 (HP)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Security Products (P.) Ltd. (2019) 263 Taxman 372 (SC)

S. 80IC : Special category states–Book profit– Legislative powers-Constitutional validity –Discrimination between individual and company-There was a reasonable classification by way of special provision for companies–Provision is held to be valid.[S. 115JB, Art, 14, 226]

Bishnu Krishna Shrestha. v. CIT (2019) 414 ITR 405 /263 Taxman 478/ 180 DTR 158/ 309 CTR 478 (Raj)(HC) S.B.L. (P.) Ltd. v. CIT (2019) 414 ITR 405 / 263 Taxman 478 (Raj.)(HC) Editorial : SLP is granted to the assessee, S.B.L. (P.) Ltd. v. CIT (2019) 263 Taxman 477/411 ITR 39 (St) (SC)

S. 80IA : Industrial undertakings–Manufacture-Converting herbs into a certain herbal product by manual process-Purchase of plant and machinery and consumption of electricity are not mandatory requirements-Entitle to deduction.

CIT v. Cavinkare (P.) Ltd. (2019) 263 Taxman 740 / 309 CTR 453/ 180 DTR 137(Mad.)(HC)

S. 80IA : Industrial undertakings–Telecommunication business-Net interest earned is eligible for deduction.

PCIT v. Vodafone Essar Gujarat Ltd. (2019) 263 Taxman 632 (Delhi)(HC)

S. 80G : Donation-When registration is granted application u/s. 80G(5) cannot be rejected.[S. 12AA, 80G(5)]

CIT v. Lok Sewa Sansthan Samiti Sonebhadra (2019) 105 taxmann.com 202 / 263 taxman 496 (All.)(HC) Editorial : SLP of revenue is dismissed, CIT v. Lok Sewa Sansthan Samiti Sonebhadra (2019) 263 Taxman 495 (SC)

S. 68 : Cash credits–Capitalisation fee–Statement on oath-Search and seizure – Undisclosed income was disclosed–Addition of capitalization fee is held to be not valid. [S. 132(4), 158BC]

R. Bhoopathy v. CIT (2019) 263 Taxman 411/ 176 DTR 239 (Mad.)(HC)

S. 68 : Cash credits–Share capital-Two foreign nationals–Directors of the company-Identity of share applicants and genuineness of money infused is established- Deletion of addition is held to be justified.

PCIT v. E -Smart Systems (P.) Ltd. (2019)105 taxmann.com 158 / 263 Taxman 374 (Delhi) (HC) Editorial: SLP of revenue is dismissed, PCIT v. E- Smart Systems (P.) Ltd. (2019) 263 Taxman 373 (SC)

S. 45(4) : Capital gains–Retirement-Allotment to a partner of his share in assets of partnership after deduction of liabilities is not transfer – Not liable to capital gains tax. [S. 2(47)(vi)]

National Company v. ACIT (2019) 415 ITR 5 / 263 Taxman 511/ 310 CTR 217 (Mad.)(HC)