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. 12AA : Procedure for registration –Trust or institution- At time of initiation of proceedings for cancellation of registration in year 2008, Commissioner did not have such a power in terms of sub-section (3) of section 12AA and, accordingly the order was to be set aside [ S.12A ]

PCIT v. JIS Foundation (2018) 89 taxmann.com 226 (Cal) (HC) Editorial: SLP of revenue is admitted ; PCIT v. JIS Foundation (2018) 257 Taxman 261 / 96 taxmann.com 257 (SC)/257 Taxman 553 /96 taxmann.com 611 (SC)

S. 12A : Registration –Trust or institution-Non disposal of application for registration after expiry of six months period is deemed to be granted automatically o expiry of six months period .

CIT v. TBI Education Trust (2018) 257 Taxman 355 / 172 DTR 347/( 2019) 306 CTR 295 (Ker)(HC)

S. 12A : Registration –Trust or institution- Registration of a trust does not involve enquiry into actual activities or application of funds, etc. and at that stage only enquiry required to be conducted is with respect to object of trust alone .[ S.2(15). 11 12AA]

CIT v. Babu Ram Education Society (2018)( 2018) 96 taxmann.com 606 (All) (HC). Editorial: SLP is granted to the revenue ;CIT v. Babu Ram Education Society (2018) 257 Taxman 558 / 96 taxmann.com 607 (SC)

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)