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. 12AA : Procedure for registration –Trust or institution- Supplying food to poor school children on funds earmarked and disbursed by State Government – Implementation of such schemes would not lead to any charitable activity -Not entitle to registration .[ S.2(15),11 ] .
CIT v. Annadan Trust (2018) 258 Taxman 54/(2019) 174 DTR 412 /307 CTR 448 (Ker.)(HC)
S. 5 : Scope of total income -Accrual- Mercantile system of accounting -Not liable to be taxed on notional interest on non-performing assets. [ S. 145 ]
PCIT v. Sarangpur Co-operative Bank Ltd. (2018) 258 Taxman 230 (Guj.)(HC)
Wealth-tax Act, 1957.
S.7: Valuation of asset —Undisclosed hundis — Valuation under Income–tax Act, 1961 cannot be adopted for purposes of wealth-tax. [ S.2(ea) ]
Kishindas Ramchand Nagpal. v. ACWT (2018) 408 ITR 388/ 305 CTR 91 / 170 DTR 276 (Bom) (HC)
S. 245D : Settlement Commission – Rejection of application on the basis of subsequent report of commissioner – Allegation of Commissioner is not rebutted – Rejection of application is held to be justified .[ S.245C, 245D(2C) ]
Abdul Rahim. v. ITSC (2018) 408 ITR 467 //305 CTR 69 / 170 DTR 145 (Mad) (HC)
S. 226 : Collection and recovery – Stay of recovery -Garnishee proceedings -When an application for stay was pending before the Commissioner, attachment of bank accounts as per office Memorandum of Central Board of Direct Taxes, 15 Per Cent. of demand recovered from Assessee — Notices was quashed and set aside- However the claim of the assessee, seeking refund of the amounts attached pursuant to such directions, was not justified and could not be granted. [ S.226(3) ]
Sesa Resources Ltd. v. ACIT (2018) 408 ITR 527 (Bom) (HC)
S. 194H : Deduction at source – Commission or brokerage – Trade discount -Not liable to deduct tax at source . [ S.201(1), 201(IA) ]
CIT (TDS) v. OCM India Ltd. (2018) 408 ITR 369 / 305 CTR 971/ 172 DTR 369(P&H) (HC)
S. 194A : Deduction at source – Interest other than interest on securities – Additional compensation paid wrongly mentioned as interest in award -Not liable to deduct tax at source .of Competent Authority.[S. 201(1), 201 (IA),Land Acquisition Act, 1894, S.23(IA) ]
CIT (TDS) v. Dedicated Freight Corridor Corporation Ltd. (2018) 408 ITR 380 /( 2019) 173 DTR 349 /306 CTR 413(P&H) (HC)
S.147:Reassessment — Based on observations made by Commissioner (Appeals) in case of another person that sum not taxable in that person’s hands —Notice based on same facts in respect of later assessment – Inadequate material for reopening of assessment is set aside .[ S. 132, 143(1), 148 ]
Rajesh Shantilal Shah. ITO (2018) 408 ITR 485 (Guj) (HC)
S.147: Reassessment-After the expiry of four years- Method of accounting -All material facts disclosed and examined by assessing Officer – Notice is quashed [ S.145A, 148 ]
Adani Enterprise Ltd. v. ACIT (2018) 408 ITR 453/ (2019) 261 Taxman 64 (Guj) (HC)