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. 10(10C) : Public sector companies – Voluntary retirement scheme – Employee of bank having opted for voluntary retirement under Voluntary Retirement Scheme was eligible for exemption.

A.Kumarappan v. CIT (2018) 257 Taxman 318 (Mad.)(HC) R. Banumurthy v.CIT ( 2018) 257 Taxman 578 ( Mad) (HC)

S. 4 : Charge of income-tax –Capital or revenue- Subsidy- Technology upgradation of existing units as well as to set up new units with latest technology to enhance their viability and competitiveness in domestic and international markets- Capital receipts [ S.28(i)]

CIT v. Gloster Jute Mills Ltd. (2018) 257 Taxman 512/( 2019) 416 ITR 458 (Cal.)(HC)

S. 4 : Charge of income-tax –Capital or revenue -Interest from mobilization advances made by it to contractor for purpose of facilitating smooth commencement and completion of work of construction- Receipts being intrinsically connected with construction business of assessee would be capital receipt and not income of assessee from any independent source [ S.56]

Roads & Bridges Development Corporation of Kerala Ltd. v. ACIT (2018) 257 Taxman 392 (Ker.)(HC)

S. 2(22)( e ) : Deemed dividend- Buy-back in excess of fair market price of shares –Direction of Tribunal to make an enquiry in to fair value of shares, which could have implication of deemed dividend –Direction is held to be valid.[ S.115QA, 254(1) ]

Fidelity Business Services India (P.) Ltd. v. ACIT (2018) 257 Taxman 266 / 304 CTR 244/169 DTR 73 (Karn.)(HC)

S. 92C : Transfer pricing – Arm’s length price -Alternative remedy- Provision for an appeal approaching DRP against the order of TPO- Writ is not maintainable [ Art. 226 ]

Hyundai Motor India Ltd v. Dy. CIT (2018) 406 ITR 25 / 96 taxmann.com 497 / 304 CTR 742/ 169 DTR 345( Mad) (HC)

S. 147 : Reassessment —Cash credits – No specific direction -Failure to file return- Finding of the CIT(A) in assessment year, 2012 – 13 stating that the amount assessable in the years 2009 – 10 and 2010 – 2011 – Reassessment was held to be valid [ S. 68, 148 ]

Alfa Investments. v. ITO (2018) ( 2018) 304 CTR 425/ 167 DTR 95 ( Mad) (HC) Editorial: Order of single judge ,Alfa Investments. v. ITO (2018) 400 ITR 445/ 161 DTR 155 / 300 CTR 85 (Mad) (HC)

S.271D: Penalty – Takes or accepts any loan or deposit- Acceptance of Loan in cash in excess of specified limits- Deletion of penalty based on entries alone- Matter remanded to Tribunal for fresh consideration. [ S.158BC, 269SS ]

CIT v. Pawan Kumar Jain. (2018) 407 ITR 405 (Delhi) (HC)

S. 260A:Appeal –High Court- Transfer pricing – Determination of arm’s length price is question of fact- High Court Will not interfere unless finding is perverse [ S.92C. ]

Indigra Exports Pvt. Ltd. v. DCIT (2018) 407 ITR 396/ 304 CTR 417/ 169 DTR 9 (Karn) (HC) (HC)

S. 245D : Settlement Commission – No power to waive tax or interest which are statutorily payable —Settlement Commission is vested with power to rectify mistake —Interest is payable up to date of o0rder of Settlement Commission.[ S. 154, 234A,234B, 245D(4), 245F(1) ]

UOI v. DR. L. Subramanian and Another. (2018) 407 ITR 411 /257 Taxman 343/( 2019) 173 DTR 275 / 307 CTR 676(Mad) (HC)

S. 222 : Collection and recovery – Attachment of immovable property on 27-10-2016—Company in liquidation – Sale of immovable properties by auction under provisions of code on 31-1-2018 — Income-Tax Department cannot claim priority of debt — Insolvency and Bankruptcy Code, 2016,shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law – Sale is valid. [S.178, 247,281, Insolvency and Bankruptcy Code, 2016, S,238]

Leo Edibles and Fats Ltd. v. TRO (2018) 407 ITR 369 / 259 Taxman 387/ ( 2019) 307 CTR 190/ 174 DTR 288(T&AP) (HC)