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. 68 : Cash credits–Share application money-Share premium-Failure to produce share investors-Initial burden is not discharged-Addition is held to be justified.
Royal Rich Developers (P.) Ltd. v. PCIT (2019) 265 Taxman 99 (Mag.)(HC)
S. 68 : Cash credits–Loans-Confirmation was filed–Matter remanded to the AO. [S. 254(1)]
Bairappa Krishnappa v. CIT(A) (2019) 265 Taxman 446 (Karn.) (HC)
S. 37(1) : Business expenditure-Contribution to State Government towards construction of a bridge-Allowable as revenue expenditure.
CIT v. Salgaocar Mining Industries (P.) Ltd. (2019) 265 Taxman 317 (Bom.) (HC)
S. 28(i) : Business income–Income from house property–Leasing of shops in a mall along with various other facilities-Assessable as business income and not as income from house property. [S. 22]
PCIT v. Krome Planet Interiors (P.) Ltd. (2019) 265 Taxman 308 / (2020) 423 ITR 62 (Bom.)(HC) (Editorial : Raj Dadarkar & Associates (2017) 394 ITR 592 (SC) is distinguished)
S. 12AA : Procedure for registration–Trust or institution-A assessee is free to avail registration under any alternative provision if more than one alternatives were available-Rejection of application is held to be not valid. [S. 10(23C)(iiad)]
CIT v. Beant College of Engineering & Technology. (2019) 265 Taxman 449 (P & H) (HC)
S. 12AA : Procedure for registration–Trust or institution-Object to help of literary persons of different aptitudes or classes, plays written in different languages could be converted in to dramas or episodes or T.V. Plays–Cannot be regarded as commercial in nature –Denial of registration is not justified. [S. 2, 15, 12A.)
CIT ( E) v. Kanakia Art Foundation. (2019) 265 Taxman 281 (Bom.)(HC) (Editorial : Order in Kanakia Art Foundation v. Dy.CIT (2015) 59 taxmann.com 468/ 39 ITR 53 (Mum.)(Trib.) is affirmed)