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. 14A : Disallowance of expenditure – Exempt income -Disallowance cannot be made in excess of actual exempted income-Matter remanded . [ R.8D ]

Pragathi Krishna Gramin Bank. v. JCIT (2018) 256 Taxman 349 (Karn)(HC)

S. 4 : Charge of income-tax -Capital or revenue -Power subsidy received by assessee company from State Government under Power Intensive Industries Scheme, 2005, for setting up a new industrial unit in backward area was capital receipt and, thus, not liable to tax

CIT v. Keventer Agro Ltd. (2018) 256 Taxman 437 (Cal) (HC)

S. 4 : Charge of income-tax – Interest on bank deposits out of share capital- Prior to commencement of business operations- Interest is liable to be assesses as income from other sources- interest income would go to reduce capital cost of project and was on capital account and same could not be taxed as income from other sources [ S.56 , 145 ]

PCIT v. Bank Note Paper Mill India (P.) Ltd. (2018) 256 Taxman 429 / ( 2019) 412 ITR 415 (Karn ) ( HC) Editorial: Order in, ITO v Bank Note Paper Mill India P.Ltd ( 2017) 56 ITR 226 (Bqng) (Trib) is affirmed .

S. 281 : Certain transfers to be void – Failure by Department to bring on record service of notice under Rule 2 — Charge registered by Sub-Registrar six and a half years after sale deed registered in favour of purchaser — Order declaring transfer null and void and notice for auction of property set aside .[ S.179(1) 220, 222 SCH II, RR. 2, 16.]

Rekhadevi Omprakash Dhariwal v. TRO (2018) 406 ITR 368/ 257 Taxman 109 / 304 CTR 430/ 168 DTR 427(Guj) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Writ against notice is not maintainable , except where the Commissioner lacks jurisdiction .[ Art 226 ]

Designmate India P. Ltd v. CIT ( 2018) 406 ITR 443 ( Guj) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Commissioner (Appeals) — Merger- Development expenses –Commission- Orders passed by Assessing Officer was merged with order of CIT(A) – Revision order is held to be not valid

CIT v. H. Nagaraja. (2018) 406 ITR 242 (Karn) (HC)

S. 230 : Collection and recovery – Tax clearance certificate – liability of the assessee was more than Rs. 400 crores.- Insistence on a tax clearance certificate for the assessee to leave the country under the first proviso to sub-section (1A) of S.230 of the Act is valid .

Mailakkattu Varghese Uthup (NO. 1) v. PCIT (2018) 406 ITR 289 / 304 CTR 1000/ 170 DTR 321 (Ker) (HC) Editorial: Order of single judge is affirmed; Mailakkattu Varghese Uthup (NO. 2) v. PCIT (2018) 406 ITR 296/304 CTR 1006 /170 DTR 326 (Ker) (HC)

S. 179 : Private company – Liability of directors -Person treated as Director should be given opportunity to be heard.

Mailakkattu Varghese Uthup (NO. 1) v. PCIT (2018) 406 ITR 289/ 304 CTR 1000/ 172 DTR 321 (Ker) (HC) Editorial: Order of single judge is affirmed; Mailakkattu Varghese Uthup (NO. 2) v. PCIT (2018) 406 ITR 296 /304 CTR 1006 /170 DTR 326(Ker) (HC)

S.147: Reassessment — With in four years- Deduction allowed from Income from other sources in original assessment — No new facts on record — Reassessment to withdraw deduction is not valid .[ S. 56, 57(iii), 148]

Kumar’s Metallurgical Corporation Ltd. v. JCIT ( 2018) 406 ITR 386 (T&AP) (HC)

S.147: Reassessment-After the expiry of four years- Reasons recorded referring to facts already on file of Assessing Officer- —No rational and tangible nexus between reason and belief — Reassessment proceedings quashed.[ S.148 ]

Kanpur Texel (P.) LTD. v. DCIT (2018) 406 ITR 353 (All) (HC)