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. 4 : Charge of income-tax -Celebrity-Damages for reputation- Compensation received by a film actress from Coca Cola India Limited (CCIL) towards damages caused to her reputation-Cannot be assessed as any benefit, perquisites arising to her out of exercise of profession- Not liable to tax. [S. 2(24) 28 (i)]
Sushmita Sen. v. ACIT ( 2018) 172 DTR 201/ 196 TTJ 801 / (2019) 174 ITD 8 (Mum.)(Trib.)
S. 251 : Appeal-Commissioner (Appeals)–Ex parte order- Dismissal of appeal in limine-CIT(A) cannot dismiss an appeal in limine on account of non-prosecution or if assessee seeks to withdraw appeal or if assessee does not press appeal- Order of CIT(A) is set aside. [S. 144, 250(1)]
HV Metal ARC (P.) Ltd. v. ACIT (2018) 173 ITD 606 (Delhi) (Trib.)
S. 234E : Fee-Default in furnishing the statements- Prior to 1-6-2015, AO did not have power to charge fees under S. 234E while processing TDS returns-In absence of enabling provision fees cannot be levied in respect of intimation issued under S. 200A prior to 1-6-2015. [S. 200A]
Medical Superintendent Rural Hospital v. DCIT (2018) 173 ITD 575 (Pune)(Trib.)
S. 199 : Deduction at source-Credit for tax deducted-TDS related to HUF was credited to assessee’s TDS account-HUF had not availed benefit of such TDS certificate- Denial of refund is held to be not justified. [ S. 10(37), 194LA]
Ratanlal Biharilal Atal v. ITO (2018) 173 ITD 569/ ( 2019) 175 DTR 156 / 198 TTJ 1019(Nagpur)(Trib.)
S. 164 : Representative assessees-Charge of tax – Beneficiaries unknown -Un registered trust- Trustees filing their return showing taxable income – Trust is to be assessed as an AOP and the income would be taxable at maximum marginal rate .[ S.12A, 164(1), 167B ]
Basil Mendes Memorial Educational & Charitable Trust v. ITO (2018) 173 ITD 390 (Bang.)(Trib.)
S. 153 : Assessment–Reassessment–Limitation–Settlement commission admitted the Application on 30-8-1996, admitted tax and interest was not paid and during pendency of proceedings- S. 245HA and 245D were amended providing abatement due to non-payment by 31-7-2007-Constitutional validity of which was challenged and finally case was abated in 2016- Assessment order was passed within 60 days was not time barred. [S. 245C(1), 245HA, 245D]
DCIT v. Gurinderjit Singh (2018) 173 ITD 487 (Chd.)(Trib.)
S. 144C : Reference to dispute resolution panel -Non -speaking order – Order passed by DTP without giving any reasons for rejecting objections raised by assessee- ,Order was set aside and, matter was to be remanded back for disposal afresh.[S. 92C]
Sun Tec Business Solutions (P.) Ltd. v. DCIT (2018) 173 ITD 185 (Cochin) (Trib.)
S. 143(3) : Assessment-Form 26AS-Merely on the basis of information form 26AS submitted by the deductor, addition cannot be made, as the assessee had no control over inputs made by the deductor. [ S. 4]
Seal For Life India (P.) Ltd. v. DCIT (2018) 173 ITD 229 /( 2019) 197 TTJ 742/ 174 DTR 281(Ahd.) (Trib.)
S. 71 : Set off of loss-One head against income from another-Assessee has the option to set off business loss against capital gains – It is not mandatory. [S. 71(3), 80]
Ajay Kumar Singhania. v. DCIT (2018) 173 ITD 474 (Chd.)(Trib.)
S. 69B : Amounts of investments not fully disclosed in books of account –Undisclosed investments- Excess stock-Mismatch in quantity of stock- Reconciliation filed with District Supply Officer was accepted -Addition is held to be not justified.
ACIT v. Overseas Trading and Shipping Co. (P.) Ltd. (2018) 173 ITD 446 (Rajkot)(Trib.)