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- Grants and charging management fees-Medical relief for patients and creating awareness about HIV and AIDS for purpose of its eradication are charitable activities-Entitle to registration. [S. 2(15)]
India HIV / AIDS Alliance v. CIT(E) (2019) 175 ITD 1 / 177 DTR 400/ 200 TTJ 112(Delhi) (Trib.)
S. 12AA : Procedure for registration–Trust or institution- Registration cannot be refused on the ground that all initial trustees had taken citizenship of foreign country–Order of CIT(E) rejection of registration and application u/s 80G is set aside. [S. 80G , FEMA, 1999, S.6(5) Indian Trust Act 1882 , S. 10, 60, 73]
Global Academy of Emergency Medicine v. CIT (2018) 196 TTJ 273 / 171 DTR 73/ (2019) 175 ITD 96 (Delhi)(Trib.)
S. 271(1)(c) : Penalty -Concealment-Bad debt-Mere claim of bad debts not written off in books of accounts does not call for levy of penalty for furnishing of inaccurate particulars. [S.36(1)(vii)]
ACIT v. R. Easwaran HUF (2018) 68 ITR 89 (SN) (Chennai)(Trib.)
S. 271(1)(c) : Penalty -Concealment – Specific charge – Notice did not categorically specify whether penalty was invoked for concealment of income or furnishing inaccurate particulars – Levy of penalty is held to be not justified.
ACIT v. Uttar Bihar Gramin Bank (2018) 67 ITR 152 (Patna)(Trib.)
S. 271AAA : Penalty-Search initiated on or after 1st June, 2007– Penalty–Source of investment is explained and taxes not paid -Levy of penalty is held to be justified.[S. 132(4)]
ACIT v. Shailesh Gopal Mhaske (2017) 192 TTJ 559 (Pune)(Trib.)
S. 254(1) : Appellate Tribunal- Delay-Failure by assessee to appear before court despite several notices-Appeal liable to be dismissed for non-prosecution. [Limitation Act, 1963, S.3]
Neo sack Ltd. v. ACIT (2018) 67 ITR 389 (Indore)(Trib.)
S. 194I : Deduction of tax at source—Rent-Internet connectivity charges and specialized line rental — Not liable to deduct tax at source.[S.9(1)(vi), 201(1), 201(1A)]
ACIT v. Shri SDV International Logistics Ltd. (2018) 68 ITR 35 (SN) (Kol.)(Trib.)
S. 147 : Reassessment-Share capital-Cash credits-Accommodation entries-No specific evidence–Reassessment is held to be in valid. [S.68, 148]
ACIT v. KMS Associates P. Ltd. (2018) 67 ITR 245 (SMC) (Delhi) (Trib.)
S. 153C : Assessment-Income of any other person–Search-Satisfaction note recorded by the AO of assessee was not by the AO of person in respect of whom search was conducted–Seized document not relevant to assessment year-Notice is void ab initio and vitiates entire assessment proceedings. [S. 132]
ACIT v. Surbhi Sen Jindal (2018) 68 ITR 12 (SN) (Patna)(Trib.)
S. 153A : Assessment–Search-Real estate business-Suppression of turnover – Future sales on unsold plots on date of search cannot be brought to tax – No incriminating materials found during search- Assessment is not valid.[S. 132]
Sri Sri Gruhanirman India Pvt. Ltd. v. ACIT (2018) 67 ITR 178 (Hyd.)(Trib.)