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. 32 : Depreciation–UPS-Component/equipment connected with computer- Entitle to 60 SLP of revenue is dismissed; CIT v. Bajaj Hindustan Ltd. (2019) 261 Taxman 558 (SC)per cent depreciation.
PCIT v. Goa Tourism Development Ltd. (2019) 261 Taxman 500 (Bom.)(HC)
S. 32 : Depreciation–Unabsorbed depreciation pertaining to assessment year 1997-98 to assessment year 2001-02 was allowed to be carried forward and adjusted after lapse of 8 assessment years in view of section 32(2) as amended by Finance Act, 2001 [S. 32(2)]
CIT v. Bajaj Hindustan Ltd. (2019) ( 2019) 103 taxmann.com 31 (Bom.)(HC) Editorial: SLP of revenue is dismissed; CIT v. Bajaj Hindustan Ltd ( 2019( 261 Taxman 558 (SC)// 411 ITR 3(St.)(SC)
S. 12AA : Procedure for registration–Trust or institution- Society imparting training to various officers/officials involved in criminal justice – No profit motive – Entitle for registration. [S. 2(15), 12A]
CIT (E) v. Institute of Correctional Administration (2019) 103 taxmann.com 84 (P&H)(HC) Editorial : SLP of revenue is dismissed , CIT (E) v. Institute of Correctional Administration (2019) 261 Taxman 556 (SC)
S. 153A : Assessment–Search-Income of any other person – Recording of satisfaction is mandatory -Notice has to be issued by Assessing Officer to other person under S. 153A although such Assessing Officer gets jurisdiction under S. 153C- In the case of searched person there is no requirement of recording of satisfaction. [S. 132, 153C]
Rajesh Kumar v. ACIT (2019) 175 ITD 734 / 181 DTR 79 (Bang.)(Trib.)
S. 80G : Donation-Charitable institutions-Carried out some of charitable activities in furtherance to its objects-Rejection of exemption is held to be not valid. [S. 12AA, 80G(5)]
Bharat Bhushan Jain Charitable Trust. v. CIT (2019) 175 ITD 729/ 71 ITR 76 (Delhi) (Trib.)
S. 45 : Capital gains- cash credits–Bogus accommodation entries- Penny stock – Sale of shares-Purchase by account payee cheque– Transaction was credited in DMAT account-Opportunity of cross examination was not given-Sale transaction cannot be treated as bogus merely on the basis of suspicious or surmises-Addition was deleted–Estimation of commission was also deleted. [S. 10 (38), 68, 69C, 132(4)]
Meghraj Singh Shekhawat v. DCIT (2019) 175 ITD 693 / 197 TTJ 278 (Jaipur) (Trib.)
S. 45 : Capital gains-sub-tenancy right-capital asset- Gains on surrender is liable to capital gains tax and not income from other sources. [S. 14, 55(2), 56]
ACIT v. Dr. Jayesh Keshrichand Shah. (2019) 175 ITD 751/ 181 DTR 41 (Mum.)(Trib.)
S. 28(i) : Business loss-Held to be not allowable as not carried out any business activity in his individual capacity during the year.
Rajesh Kumar v. ACIT (2019) 175 ITD 734 / 181 DTR 79(Bang.) (Trib.)
S. 4 : Charge of income-tax–Association of persons-Mutuality- Assessee is not claimed the benefit of mutuality-AO cannot suo motu assessee the part of income as mutuality. [S. 2(31)(v)]
Film Nagar Cultural Center v. DCIT (2019) 175 ITD 712 (Hyd.) (Trib.)