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-Society running a non profit educational institution- Exemption cannot be denied merely because assessee was simultaneously running profitable hotel, when the exemption was claimed only for educational activities- Matter remanded. [S. 10(23)(iiiab)]
Chandigarh Institute of Hotel Management & Catering Technology (CIHMCT) v. DCIT (2018) 172 ITD 356 (Chd.)(Trib.)
S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source–Directors in charge, to show that offence occurred without their knowledge or due diligence exercised by them to prevent commission of offence-Non-issuance of separate notices, does not absolve directors in charge-Order f lower courts acquitting directors is held to be erroneous-Benefit of probation granted to accused directors of assessee and levy of fine. [S. 2(35), 278B]
ITO v. Anil Batra. (2018) 409 ITR 428 (Delhi)(HC)
S. 260A : Appeal High Court-Abatement of proceedings- Death of assessee on 18-6-2016-Legal heirs not brought on record in spite of time given repeatedly to revenue-Proceedings abated.
CIT v. Jeppiar (2018) 409 ITR 511 (Mad.)(HC)
S. 147 : Reassessment—Within four years-Deduction allowed without discussion in original assessment — Reassessment on the ground that excess deduction was allowed is held to be valid. [S. 148]
Innovative Foods Ltd. v. UOI (2018) 409 ITR 415 (Ker.)(HC)
S. 147 : Reassessment-Beyond four years-Explanation 3, to S.147 by Finance (No. 2) Act, 2009-After issuing a notice under S. 148, he accepts the contention of the assessee and holds that the income which he has initially formed a reason to believe had escaped assessment, has as a matter of fact not escaped assessment, it is not open to him independently to assess some other income-If he intends to do so, a fresh notice under S.148 would be necessary- Assessing Officer has no power to reassess other income not mentioned in notice under S 148. [S. 148]
Tractors and Farm Equipment Ltd. v. ACIT (2018) 409 ITR 369 /( 2019) 175 DTR 312/ (2020) 314 CTR 490(Mad.) (HC)
S. 80HHC : Export business-Income derived-Profits due to exchange fluctuation and provision written back–Entitle to deduction.
CIT v. TTK LIG Ltd. (2018) 409 ITR 390 (Mad.)(HC)
S. 35AD : Deduction in respect of expenditure on specified business-Hotel business- Certification of Hotel as three-Star Category Hotel in subsequent year-Deduction cannot be denied on the ground that Certification was in later year. [S. 35D(5)(aa)]
CIT v. Ceebros Hotels Pvt. Ltd. (2018) 409 ITR 423/( 2019) 261 Taxman 41 (Mad.)(HC)
S. 28(i) : Business loss-Fertiliser Bonds Issued By Central Government In Lieu of subsidy-Sale of Bonds at price Lower than face value-Loss is allowable as business Loss.
CIT v. Gujarat State Fertilizers And Chemicals Ltd. (2018) 409 ITR 378 (Guj.)(HC)
S. 28(i) : Business loss- Capital or revenue-Investment in shares as Stock-in-trade-Consistency method-Loss is allowable as business loss. [S. 45]
Calibre Financial Services Ltd. v. ITO (2018) 409 ITR 410/ ( 2019) 260 Taxman 201 (Mad.)(HC)