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. 32 : Depreciation –Charitable Trust-Entitle to depreciation. [S.11 ]
CIT v. Shushrutha Educational Trust. (2018) 408 ITR 536 (Karn.) (HC)
S. 11 : Property held for charitable purposes– Application of income- Adjustment of excess expenditure against income of current year amounts to application of income[ S.12]
CIT v. Shushrutha Educational Trust. (2018) 408 ITR 536 (Karn) (HC)
S. 11 : Property held for charitable purposes–Institution imparting education in Banking is entitle to exemption- Grant or refusal to grant exemption under S. 10(22) or 10 (23C) is not relevant .[ S. 2(15), 10 (22),10 (23C), 12A ]
CIT v. Indian Institute Of Banking And Finance. (2018) 408 ITR 558/ 303 CTR 750 / 166 DTR 253(Bom) (HC) Editorial: Order in Indian Institute of Banking and Finance v. DDIT(E) (2015) 39 ITR 323 (Mum.)(Trib.) is affirmed.
S. 10A : Free trade zone – Export turn over- Total turnover Expenses excluded from export turnover should also be excluded from total turnover.
PCIT v. Cypress Semiconductors Technology India Pvt. Ltd. (2018) 408 ITR 531 (Karn.)(HC)
S. 271(1)(c) : Penalty – Concealment –Estimate of income- sale of land along with building – agreement silent on consideration towards super structure – estimate made by assessee – such estimate increased by the AO and finally stood reduced to another amount by ITAT – Held, no penalty on such additions based on estimates.
Eagle Theatres v. ACIT (2018) 65 ITR 3 (Delhi)(Trib.)
S 271AAB : Penalty – Search cases – commodity profits – sum entered in the other documents maintained in normal course and retrieved during search – Held, not undisclosed income – Held, no penalty can be levied.
Dy. CIT v. Subhas Chandra Agarwala and Sons (HUF) (2018) 65 ITR 18 (Kol.)(Trib.)
S. 153A : Assessment – Search or requisition -Disallowance of commission expenses paid to overseas agent- in respect of completed assessments-No addition can be made which is not based on any incriminating material found in the course of search.
Dy. CIT v. Sopariwala Exports (2018) 63 ITR 658 (Mum.)(Trib.)
S. 147 : Reassessment –Scientific research expenditure – original assessment completed after considering all facts – reassessment based on subsequent amendments applicable to subsequent years – Held, no new tangible material – Held, reassessment bad in law. [S. 35(2AB)]
Efftronics Systems P. Ltd. v. Dy. CIT (2018) 63 ITR 25 (SN) (Visakha.)(Trib.)
S.147: Reassessment-After the expiry of four years- Concluded assessment reopened after four years on the basis of assessment of subsequent years – Held, no failure on the part of the assessee to disclose fully and truly all material facts – Held, reassessment not valid.
Dy. CIT v. Wind World (India) Limited (2018) 63 ITR 599 (Mum.)(Trib.)