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. 221 : Collection and recovery – Assessee deemed in default -Pendency of appeal before CIT(A) -Attachment of bank account and recovery of amount -Recovery of the amount was held to be without following the due process of law -Stay was granted and directed the revenue 85 percent of tax recovered [ S. 156 ]

Sunflower Broking Pvt. Ltd. v. DCIT (2018) 403 ITR 305 (Guj) (HC)

S. 153C : Assessment – Income of any other person – Search – No satisfaction was recorded sating that how seized material belonged to the assssee. In the absence of any incriminating material , notice was held to ne in valid [ S. 132 ]

CIT v. N. S. Software (FIRM) (2018) 403 ITR 259 / 165 DTR 201 / 302 CTR 136 / 255 Taxman 230(Delhi) (HC)

S.147: Reassessment-After the expiry of four years- Reassessment —Interest on deposits not disclosed in return — Details were available in the books of account or the balance-sheet or profit and loss account could not absolve the assessee from a true and correct disclosure of material facts necessary for assessment. Explanation 1 to S. 147 is applicable – Reassessment is valid [ S.148 ]

CIT v. Tata Ceramics Ltd. (2018) 403 ITR 389/ 168 DTR 417 (Ker) (HC)

S. 54F : Capital gains – Investment in a residential house – Assessee owning a house on date of transfer is not entitle to benefit under S.54F [ S.45]

Arjun Malhotra v. CIT (2018) 403 ITR 354/ 166 DTR 235 / 255 Taxman 399/ 304 CTR 454 (Delhi) (HC)

S. 48 : Capital gains – Computation -Difference between market value and consideration declared, burden is on the revenue to prove -Addition was deleted [S. 45,52(1) ]

Arjun Malhotra v. CIT (2018) 403 ITR 354/166 DTR 235/ 255 Taxman 399/ 304 CTR 454 (Delhi) (HC)

S.45:Capital gains — Shares purchased was pledged with bank – Actual date of transfer is when shares were delivered by bank to entity in subsequent assessment year. [ S.48 ]

Arjun Malhotra v. CIT (2018) 403 ITR 354/166 DTR 235/ 255 Taxman 399/ 304 CTR 454 (Delhi) (HC)

S. 40(b)(v) : Amounts not deductible – Partner – Remuneration – Interest earned on investment of surplus money is not part of business income for computing the remuneration to partners – Disallowance was held to be justified .[ S.56 ]

CIT v. Allen Career Institute. (2018) 403 ITR 375 / 161 DTR 321 (Raj) (HC)

S. 12AA : Procedure for registration –Trust or institution- Providing mid-day meals at Village Schools is charitable purpose which is entitle to registration . [ S.2(15) ]

CIT v. Shri Balaji Samaj Vikas Samiti. (2018) 403 ITR 398/164 DTR 56 (All) (HC)

S. 10 (23C): Exemption- Approval granted is held to be valid till it is withdrawn -Amount spent on the object was held to be allowable .[ S. 10(23C)(iv) ]

CIT v. Haryana State Pollution Control Board. (2018) 403 ITR 337 (P&H) (HC)

Income Declaration Scheme, 2016 -Finance Act, 2016 ( 2016) 384 ITR 1 (St) (IDS)

S.187: Time for payment of tax -Power to extend the payment of tax – CBDT has the power to condone the delay in depositing the tax .Matter remanded to CBDT to consider the request of the assessee. [ S.119, 183, 184 ]

Yogesh Roshanlal Gupta v CBDT (2018) 403 ITR 12 (Guj) (HC)