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. 11 : Property held for charitable purposes-CIT(A) can set aside an assessment order, if AO fails to comply the direction of CIT(A) in an earlier order while granting relief to the assesse. [S. 11(5) 13(1)(d), 250]
Cotton Textiles Exports Promotion Council v. ITO (2018) 169 DTR 141 (Bom.)(HC)
S. 10A : Free trade zone–Total turnover–Export turn over– Deductions on freight, telecommunication and insurance attributable to delivery of computer software are to be allowed from total turnover-Eligible for exemption export should earn foreign exchange, it does not mean that undertaking should personally export goods manufactured /software developed by it outside Country.
PCIT v. Arowana Consulting Ltd. (2018) 171 DTR 445 / (2019) 306 CTR 238 (Karn.)(HC)
S. 10(10C) : Public sector companies-Voluntary retirement scheme –Employee of ICICI Bank –Entitle to exemption.
R.M. Lakshmanan v. CIT (A) (2018) 170 DTR 140 (Mad.)(HC)
S. 4 :Charge of income-tax –Non –compete fee-Held to be capital receipt .
CIT v. Tara Sinha. (2017) 158 DTR 193/ (2018) 305 CTR 522 (Delhi)(HC)
S. 3 : Prohibiton of benami transaction-Payment of advance salary by employer to its employee to defeat purpose of demonetisation didn’t come under purview of Benami Transaction. [S.24, 46 ]
G. Bahadur v. K. Visakh ACIT (2018) 259 Taxman 556 (PBPTA-AT)
S. 3 : Prohibiton of benami transaction-Notice and attachment of property involved in benami transaction–Advance salary-existence of ‘benami’ transaction has to be proved by authorities i.e. person who allege transaction Authority had purely gone on premise that cash was transferred from one person to another, with an object to defeat, demonetization, which was insufficient to establish a ‘benami’ transaction–Order of attachment was directed to be released forth with.[S. 24]
K. Renuga v. K. Vasakh, ACIT (2018) 259 Taxman 492 (PBPTA-AT)
S. 3 : Prohibiton of benami transaction – Loan repaid in cash – The existence of the ‘benami’ transaction has to be proved by the authorities, i.e., the person who alleges the transaction-The authorities have failed to discharge the burden of proof- The authority has purely gone on the premise that cash is transferred from one person to another, with an object to defeat, demonetization. This is insufficient to establish a ‘benami’ transaction. [S. 24]
P. Ezhilpandian v. K. Visakh, Dy. CIT (2018) 259 Taxman 583 (PBPTA-AT)
S. 271(1)(c) : Penalty–Concealment-Claimed deduction in respect of payments made to employees under VRS Scheme–Levy of penalty is held to be not justified.[S. 35DDA, 37(1)]
PCIT v. Modipon Ltd. (2018) 100 taxmann.com 57/ 259 Taxman 426 (Delhi)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Modipon Ltd. (2018) 259 Taxman 425 (SC)
S. 271(1)(c) : Penalty concealment-Disallowance of expenditure- Exempt income–mere disallowance of expenditure cannot be held to be furnishing inaccurate particulars of income–Deletion of penalty is held to be justified. [S. 14A, R.8D]
PCIT v. Gruh Finance Ltd. (2018) 100 taxmann.com 103 / 259 Taxman 421 (Guj.)(HC) Editorial : SLP of revenue is dismissed ; PCIT v. Gruh Finance Ltd. (2018) 259 Taxman 420 (SC)
S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Delay of 231 days- Affidavit was filed explaining the delay -Revenue has not disputed the correctness of the affidavit–Delay was condoned–Matter remanded to Tribunal to decide on merits.
Elnet Technologies Ltd. v. Dy. CIT (2018) 259 Taxman 593 (Mad.)(HC)