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. 32 : Depreciation – Charitable Trust -Depreciation is allowable Computation provision did not discriminate between a charitable Trust and other assesses.[ S.11, 12A, 263 ]
CIT v. Agricultural Produce Market Committee. (2018) 408 ITR 231/257 Taxman 234 (Karn)( HC)
S. 23 : Income from house property – Annual value – Interest free security deposit – Interest offered as income from other sources-Notional interest on interest free deposit cannot be considered to determine annual letting value of property- Notional addition would amount to double taxation .[ S.22, 23(1)(b) ]
PCIT v. Karia Can Co. Ltd. (2018) 257 Taxman 189 (Bom) ( HC)
S. 13 : Denial of exemption-Trust or institution-Investment restrictions -Trust was restrained from converting shares held by it in private limited company to other forms of permissible investment by virtue of restraint order of High Court in case of settlors from whom it had received shares, it could not be held liable for violation of provisions of S. 11(5) read with S. 13(1)(d) for holding shares for more than prescribed period- Exemption cannot be denied .[ S.11(5) ,113(1)(d) ]
CIT v. Bhai Mohan Singh Foundation ( 2018) 95 taxmann.com 332 ( Delhi) (HC) Editorial: SLP of revenue is dismissed ;CIT v. Bhai Mohan Singh Foundation. (2018) 257 Taxman 90 (SC)
S. 11 : Property held for charitable purposes – Accumulation of income did not exceed 15 per cent of income -Entitle exemption [ S.12A, 263 ]
CIT v. Agricultural Produce Market Committee. (2018)408 ITR 231/ 257 Taxman 234 (Karn)( HC)
S. 10(10C) :Public sector companies – Voluntary retirement scheme -ICICI Bank- Early Retirement Option Scheme- Entitled to exemption even though the assessee had filed revised return under S. 139(5), for relevant year beyond prescribed time period. [ S.139(5) ]
N. Annamalai v. PCIT (2018) 257 Taxman 192 (Mad)( HC)
S. 4:Income chargeable to tax-Capital or revenue-Income from other sources-Interest on funds deposited with banks – Prior to commencement of commercial operations will be in nature of capital receipt and will be required to be set off against pre-operative expenditure capitalized under head capital work-in-progress -Cannot be taxed as income from other sources. [ S.5, 56,145 ]
PCIT v. Road Infrastructure Development Corporation of Rajasthan Ltd. (2018) 257 Taxman 208 (Raj) ( HC) Editorial: SLP is granted to the revenue ,PCIT v. Road Infrastructure Development Corporation of Rajasthan Ltd. (2018) 257 Taxman 186 (SC)
S.2(14)(iii): Capital asset-Agricultural land – Beyond 8 Kms from nearest Municipality -Nursery- Land record showing the land as agricultural land – Sale consideration is exempt from tax .[ S.45 ]
PCIT v. P.S. Raghupathy (2018) 257 Taxman 225 (Mad)(HC).Editorial: SLP of revenue is dismissed PCIT v. P.S. Raghupathy ( 2019) 261 Taxman 248 (SC)
S.2(14)(iii): Capital asset-Agricultural land- Adventure in the nature of land – Land was sold after a period of 16 months-Land shown as agricultural land in revenue records- Fact that said land had been sold to an industrial unit and had potential to be used for industrial purpose, could not be a determinative factor to treat profit earned by assessee on sale of agriculture land as business income- The intention of the purchaser cannot be the determinative factor to treat the profit earned by the assessee on sale of agriculture land as business income. .[ S.28(i), 45 ]
PCIT v. Heenaben Bhadresh Mehta. (2018) 409 ITR 196/ 257 Taxman 219 (Guj)(HC)