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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Interpretation of taxing statutes – Intention of legislature to be seen – Industrial undertaking- Initial assessment year. [ S.80IC ]

PCIT v. Aarham Softronics (2019) 412 ITR 632 / 261 Taxman 529 / 175 DTR 105 / 307 CTR 233 (SC ),www.itatonline.org

S. 22 : Professional and other misconduct–ICAI has jurisdiction to entertain complaint against chartered Accountant for sexual harassment. [S. 21]

Lalit Agrawal v. ICAI (2019) 261 Taxman 459 (Delhi)(HC)

S. 4 : Prohibition of the right to recover property held benami-Fiduciary capacity – Purchase of property in the name of trustworthy employee–Trail Court rejected the suit to recover the property on the ground that suit was barred–Matter restored back to Trial Court decide on merits. [Civil Procedure Code, 1908, Order VII Rule 11(d)]

Guruswami Ganga Naikar v. Vaishali Mohan Kshirsagar (2019) 261 Taxman 504 (Bom.)(HC)

S. 2(9) : Benami transaction–Person making contribution for purchase of property are not owners of property but property in law is of persons in whose name title with respect thereto has been recorded. [S. 4]

Ekant Baruta v. Rakesh Baruta (2019) 261 Taxman 565 (Delhi)(HC)

S. 2(9) : Benami transaction- Defining expressions fiduciary capacity and trustee, it is not as if any vested right existing under earlier provisions of section 4(3) is taken away. [S. 4(3)]

Anis Ur Rehman v. Mohd. Tahir (2019) 261 Taxman 488 (Delhi)(HC)

S. 271(1)(c) : Penalty–Concealment–Quantum deleted–SLP is pending–Deletion of penalty is held to be valid. [S.11, 12AA]

CIT (E) v. Ahmedabad Urban Development Authority (2019)103 taxmann.com. 81 (Guj.)(HC) Editorial: SLP of revenue is dismissed, CIT (E) v. Ahmedabad Urban Development Authority (2019) 261 Taxman 552 (SC)

S. 260A : Appeal-High Court–Delay of 507 days-Part time employee –Ex employee not filed the affidavit–Delay was not condoned.

Vama Apparels (India) (P.) Ltd. v. ACIT (2019) 261 Taxman 496/ 307 CTR 469 / 175 DTR 168(Bom.)(HC)

S. 245C : Settlement Commission-Procedure-Opportunity of hearing- Commissioner (DR) could not be given an opportunity of hearing at time of consideration of application for settlement at the stage of admission. [S. 245D(1), 245D (2C)]

Akshar Developers v. ITSC (2019) 261 Taxman 569/ 176 DTR 73 / 307 CTR 713 (Guj.)(HC), Editorial , SLP of revenue is dismissed , ITSC v. Akshar Developers ( 2020 ) 269 Taxman 17 (SC)

S. 244A : Refund–Interest on refunds–There was no reason attributable to assessee which delayed its refund claim-Interest on refund was payable from beginning of relevant assessment year.

PCIT v. State Bank Of India (2019) 261 Taxman 409/ 174 DTR 277/ 306 CTR 616 (Bom.)(HC)

S. 239 : Refund–Limitation–Due to inadvertent mistake of Chartered Accountant claim refund of TDS was not made with in limitation period- Delay was condoned–AO is directed to verify the claim and grant refund.[S. 119(2)(b)]

G.V. Infosutions (P.) Ltd. v. v. Dy. CIT (2019) 261 Taxman 482 / 178 DTR 133/ 309 CTR 185(Delhi)(HC)