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- Advance the computer communication in India with a view to promote rapid national wide development of sector and to promote the technological growth of the country by holding video conferencing facilities, conferences work shop etc, is charitable in nature – Entitle to registration. [S. 2 (15), 11]
CIT v. Earnet India ( 2019) 101 taxmnn.com 59 / 260 Taxman 245 (Delhi)(HC) Editorial: SLP is granted to the revenue, CIT v. Earnet India (2019) 260 Taxman 244 (SC)
S. 11 : Property held for charitable purposes-Rent paid to trustees for using land and building–Fair market value-Rent paid to Trustees was not excessive considering the fair market value of the property – Exemption could not be denied. [S. 12, 13(3)]
CIT v. Bholaram Education Society ( 2018) 100 taxmann.com 508 / (2019) 260 Taxman 369 (Guj.) (HC) Editorial : SLP of revenue is dismissed CIT v. Bholaram Education Society (2019) 260 Taxman 368 (SC)
S. 43B : Deductions on actual payment – Employees Sate Insurance and provident fund dues paid beyond prescribed period – Not allowable as deduction .[ S.2 (24)(x), 36 (1)(va) ]
CIT v. Bharat Hotels Ltd ( 2019) 410 ITR 417 ( Delhi) (HC)
S. 36(1)(iii) :Interest on borrowed capital – Capital or revenue -Prior to 2003 ,interest on capital borrowed for the purpose of capital expenditure is deductible .[ S.37(1)]
CIT v. Bharat Hotels Ltd ( 2019) 410 ITR 417 (Delhi) (HC)
S. 2(22)(e):Deemed dividend- Share holder – Substantial business is money lending – Loan not assessable as deemed dividend .
CIT v. Bharat Hotels Ltd ( 2019) 410 ITR 417 (Delhi) (HC)
Interpretation of taxing statues – Literal interpreatations- Black Money (Undisclosed Foreign Income and Assets ) and Imposition of tax Act , 2015 .
Srinidhi Karti Chidambaram & Ors v. PCIT ( 2018) 172 DTR 113 /305 CTR 689 /( 2019) 411 ITR 1( Mad) (HC)
S. 271C : Penalty-Failure to deduct at source-leave travel concession- Foreign travel–Bona fide belief that there was no bar on travel to a foreign destination during course of travel to a place in India -Levy of penalty is held to be not justified. [S. 10(5), 192, 273B]
State Bank of India v. ACIT (2019) 174 ITD 551/ 197 TTJ 989 (Jaipur)(Trib.)
S. 268A : Appeal–Tax in dispute less than 20 lakhs–Appeal of revenue is dismissed. [S. 253]
DCIT v. Shashiben Rajendra Makhijani (2019) 174 ITD 581 (Ahd.)(Trib.)
S. 249 : Appeal – Commissioner (Appeals) – Admitted tax as per return of income -Requirement of paying admitted tax before filing appeal is directory -When defect is removed, earlier defective appeal becomes valid. Accordingly the matter was remanded to CIT(A). [S. 249(4)]
Sushila Devi Malu (Smt.) v. ITO (2019) 174 ITD 627 (Bang) (Trib.)
S. 144 : Best judgment assessment-Unaccounted receipts–loose papers – Search –Only net profit to be added as income and not gross receipts. [S. 69A, 145]
DCIT v. Mehul T. Desai (2019) 174 ITD 584 (Surat)(Trib.)