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 (23C): Educational institution- Kindergarten Class — Though the provisions of right to education Act is not applicable to assessee exemption cannot be denied . [S. 10(23)(vi),Right of Children to Free and Compulsory education Act , 2009 ]

CIT v. Infant Jesus Education Society. (2018) 404 ITR 85 (P&H) (HC)

S.2(24)(iv): Business Income —Amount paid by company towards personal expenses of assessee is held to be not taxable.

CIT v. C. S. Seshadri. (2018) 404 ITR 191 (Mad) (HC)

S.2(14)(iii): Capital asset-Agricultural land- Land entered in revenue records as agricultural land — Agricultural income from land declared and accepted by the revenue – Onus is on department to prove contrary — Profits on sale of land is not assessable to capital gains tax.[ S.45 ]

CIT v. Ashok Kumar Rathi. (2018) 404 ITR 173 (Mad) (HC)

S. 271AAB:Penalty -Search initiated on or after Ist day of July 2012- Levy of penalty on the basis of loose sheets found on the course of search was held to be not justified as loose sheets represented only projection -Imposition of penalty is directory and not mandatory . [ S. 132(4 ) ]

ACIT v. Marvel Associates. (2018) 170 ITD 353 / 65 ITR 23 (SN) /194 TTJ 338/166 DTR 409 (Vishakha) (Trib.)

S. 244A : Refunds – Interest on refunds -Refund on account of excess TDS and advance tax was less than 10 per cent of total tax determined on regular assessment, hence not entitle to interest on refunds .

Indian Aluminum Company Ltd. v. DCIT (2018) 170 ITD 287 (Mum) (Trib.)

S. 80IC : Special category States -Hotel – Eco-tourism – Expansion of unit in hotel building constitutes investment in plant and machinery and entitle to deduction .

Sirmour Hotels (P.) Ltd. v. DCIT (2018) 170 ITD 318/193 TTJ 306/166 DTR 33 (Chd) (Trib.)

S.56: Income from other sources -Interest received by assessee from deposits given for obtaining bank guarantee was to be assessed as income from other sources. [ S.28(i) ]

Dewa Projects (P.) Ltd. v. ACIT (2018) 170 ITD 326/166 DTR 105/193 TTJ 755 (Cochin) (Trib.)

ACIT v. Shrey Sharma Guleri Prime Channel Software Communications (P.) Ltd. (2018) 170 ITD 295 (Mum) (Trib.)

S.56: Income from other sources -I nterest from GIDA on cancellation of auction plots under direction of Supreme Court, since interest was emanating from amount paid by assessee and not directly from its business activities, it could not be considered as business income. [ S.28(i) ]

Dewa Projects (P.) Ltd. v. ACIT (2018) 170 ITD 326/166 DTR 105/ 193 TTJ 755 (Cochin) (Trib.)

S. 54 : Capital gains – Profit on sale of property used for residence – Basement was used as part and parcel of residential house hence capital gains invested in two residential house properties would be entitle to exemption .[ S.45 ]

ACIT v. Shrey Sharma Guleri Prime Channel Software Communications (P.) Ltd. (2018) 170 ITD 295/ 64 ITR 67 (SN)/ 169 DTR 121/ 195 TTJ 196 (Mum) (Trib.)

S. 43(5) : Speculative transaction -Derivative -Both delivery based transaction and derivative transactions are non-speculative as far as S. 43(5) is concerned and, thus, they will have same treatment as regards application of Explanation to S. 73 of the Act, matter was remanded back to Assessing Officer to bifurcate speculative loss and normal business loss [ S. 43(5) (d), 73 ]

Dewa Projects (P.) Ltd. v. ACIT (2018) 170 ITD 326/ 166 DTR 105 / 193 TTJ 755(Cochin) (Trib.)