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
Click here to download the pdf versions of the Digest of case laws

S. 4 : Charge of income-tax -Capital or revenue-Book profit – Sales tax subsidy granted by the Government for purpose of setting up or expansion of Mills would be capital receipt- Amended provisions treating subsidy or grant as income u/s 2(24)(xvii) are prospective in nature and not applicable to assessment year prior to AY.2016-17) [ S.2(24)(xvii),28 (i),115JB ]

Sanghai Industries Ltd v.ACIT ( Hyd ) (Trib) www.itat.nec.

S.260A: Appeal –High Court – Penalty -Stay the proceedings to give effect to the order of Tribunal was rejected – Determination of the tax payable by the assessee is in the nature of money decree and hence should be paid to successful party – If assessee finally succeeds in appeal it would get the amount refunded with interest.[ S.271D ]

Shivaji Ramchandra Pawar (HUF) .v. JCIT (2018) 163 DTR 308 (Bom)(HC)

S. 271(1)(c) : Penalty – Concealment – Penalty imposed on addition made on the basis of confessional statement of assessee and supplier after search was held to be valid.

Dr. P. Sasikumar .v. CIT (2018) 163 DTR 358 /301 DTR 478(Ker)(HC.)

S. 263 : Commissioner – Revision of orders prejudicial to revenue –Order passed after expiry of two years from the end of the financial year was held to be bad in law . [S.260A ]

Tulsi Tracom Private Ltd .v. CIT (2017) 100 CCH 0013/ (2018) 161 DTR 148 (Delhi)(HC)

S. 254(2) : Appellate Tribunal – Rectification of mistake apparent from the record – Reliance on a decision not subject-matter of consideration during the hearing of appeal (and having influence on final view) constitutes mistake apparent from record.

Rama Industries Ltd .v. DCIT (2018) 163 DTR 156/92 taxmann.com 289 (Bom) (HC). Rama Petrochemicals Ltd .v. DCIT (2018) 163 DTR 156/92 taxmann.com 289 (Bom) (HC). Rama Phosphates Ltd .v. DCIT (2018) 163 DTR 156/92 taxmann.com 289 (Bom) (HC).

S. 237 : Refunds – Revenue to ensure that unblocked amount is paid and credited to assessee’s account and interest on refund to be paid till the date of payment not up to date of unblocking.

Vodafone Mobile Services Limited .v. ACIT (2018) 253 Taxman 168 (Delhi )(HC).

S. 234E: Fee-Default in furnishing the statements – Demand under S. 200A for computation and intimation for payment of fees under S. 234E could not be made in the purported exercise of power under S. 200A prior to June 1, 2015 – Matter remanded.[S.200A]

Sree Ayyappa Educational Charitable Trust v DCIT (2018) 162 DTR 350/301 CTR 150 (Karn)(HC) Sadhguru Infratech (P) Ltd .v. UOI 2018) 162 DTR 350/301 CTR 150 (Karn)(HC)

S. 226 : Collection and recovery – Stay -Proceedings cannot be initiated before expiry of period of limitation to file before the Tribunal ie 60 days from the date of receipt of order- Revenue cannot issue notice for recovery directly to Assessee’s bank without giving an opportunity to be heard – Appropriate direction for re-crediting the amount to Assessee’s bank account issued to the Revenue.[S.220(6) , 253 ]

Rapid Care Transcription (P) Ltd .v. ITO (2018) 404 ITR 244/ 253 Taxman 392 /164 DTR 285/ 302 CTR 415 (Mad)(HC).

S. 220 : Collection and recovery – Assessee deemed in default –Maintainability of Writ vis-à-vis fraudulent withdrawal from attached bank account – Conduct of the assessee disentitles it to any relief under Art. 226 of the Constitution of India.

Sinhgad Technical Education Society .v. DCIT (2018) 162 DTR 185 /301 CTR 26 (Bom)(HC)

S. 197 : Deduction at source – Certificate for lower rate -.Maintainability of Writ against cancellation of certificate –Assessee not stating all facts fully and truly and the suppression may have been on account of mistake as it would stand exposed on the other side having notice of the same – Petition allowed to be withdrawn as prayed by assessee and costs of Rs 75,000 to be deposited for filing fresh petition

Vodafone India Ltd .v. DCIT (2018) 163 DTR 313/301 CTR 392 (Bom.)(HC)