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. 12A : Registration –Trust or institution- Anaesthesia speciality – Education programme and research work in larger perspective were going to benefit public at large – Entitled for registration [ S.2(15) ]
CIT(E) v. Anesthesia Society (2019) 260 Taxman 375/ 183 DTR 221 (Raj)(HC)
S. 10(12) : Accumulated balance–Recognised provident fund – Accumulated balance lying in provident fund of assessee upto retirement is eligible for exemption.
PCIT v. Dilip Ranjrekar (2019) 260 Taxman 317/177 DTR 158/ 308 CTR 662 (Karn.)(HC)
S. 2(24) : Income – Concept of real income- Statutory levy under the VAT Act, 2005 is being collected by virtue of the powers entrusted by the State Government to the assessee- entire collection is deposited in the Government Treasury of the State after deducting the actual expenditure incurred by the assessee- No real income accrues to the society-Not necessary to get registration u/s 12AA of the Act. [S. 4, 5, 12AA]
PCIT v. H.P. Excise & Taxation Technical Service Agency (2019) 260 Taxman 302/173 DTR 13 (HP)(HC).Editorial: SLP of revenue is dismissed, PCIT v. H.P. Excise & Taxation Technical Service Agency ( 2019) 266 Taxman 280 (SC)
S. 2(ea) : Assets-Urban land-Belonging—Ownership-Owner-Pendency of litigation regarding ownership of land is pending for adjudication—Possession with assessee-Includible in net wealth– Protective assessment is held to be valid.
CIT v. Meenakshi Devi Avaru ( Smt) (Decd.) Through Legal Heirs. (2019) 410 ITR 306/ 176 DTR 1 / 308 CTR 83(Karn.)(HC) CIT v. Kamakshi Devi (Smt.) (2019) 410 ITR 306 (Karn.)(HC)
S. 264 : Commissioner-Revision of other orders-Tax consultant was indisposed about 7 months due to serious back injury–Delay was condoned–Matter remanded back for disposal on merits. [S. 153A]
Karanjia Terminal & Logistics (P) Ltd. v. Dy. CIT (2019) 260 Taxman 320 / 306 CTR 597(Bom.)(HC)
S. 263 : Commissioner – Revision of orders prejudicial to revenue-Doctrine of merger—Relief granted by CIT (A)-Revision to consider eligibility of exemption is held to be not valid [ S.10A(2)(ii), 10A(2)(iii)]
CIT v. S. R. A. Systems Ltd. (2019) 410 ITR 392 (Mad.)(HC)
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Transfer of income without transfer of asset—Finding that arrangement was with intention to avoid incidence of tax in hands of owner Assessee–Income was taxed in hands of owner— No Infirmity In Order of Tribunal. [S. 22, 60]
Ambience Developers And Infrastructure Pvt. Ltd. v. CIT(2018) 171 DTR 369/ (2019) 410 ITR 289/ 307 CTR 516 (Delhi) (HC) Ambience Hotels and Resorts P. Ltd v. CIT(2018) 171 DTR 369/ (2019) 410 ITR 289 307 CTR 516 (Delhi) (HC)
S. 254(1) : Appellate Tribunal–Duties–Failure of Appellate Tribunal to consider the question of jurisdiction is miscarriage of justice–Tribunal is required to reassess material and thereafter come to a logical conclusion- Order of Tribunal is set aside. [S. 147]
Prameela Krishna (Smt.) v. ITO (2019) 261 Taxman 37 (Karn.)(HC)
S. 194H : Deduction at source–Commission or brokerage–Bank guarantee commission is not in the nature of commission paid to agent, it is bank charges for providing one of banking services – Not liable to deduct tax at source.
CIT v. Larsen & Toubro Ltd. (2019) 260 Taxman 271/ 307 CTR 464/ 174 DTR 246 (Bom.)(HC)