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. 4 : Charge of income-tax-Rental income-Property owned by Co-Owners-Association of persons-Maximum marginal rate-Rental income received by co-owners is to be assessed as income from AOP and not in hands of assessee as income from house property under section 22-Order of Tribunal is affirmed. [S.2(31), 22, 26, 167B(2)(i), 260A]

Y. S. & Co-owners v. ITO [2024] 301 Taxman 647 (P& H)(HC)

S. 4 : Charge of income-tax-Carbon Credit (CER)-Income from realisation of carbon credit is capital in nature-Not assessable as business income. [S.28(i), 260A]

PCIT v. Kalpataru Power Transmission Ltd. (2024) 301 Taxman 427 (Guj.)(HC)

S. 4 : Charge of income-tax-Income from other sources –Capital or revenue-Short term deposits-Interest income is set off against expenditure-Deposits and income were inextricably linked with setting up of project, interest income on short-term deposits of funds infused by Government is in nature of capital receipt and not revenue receipt.[S. 56, 145]

HLL BIOTECH Ltd. v. CIT (2024) 301 Taxman 604 (Ker.)(HC)

S. 3 : Prohibition of benami transactions-Change of law-Benami Property-Review petition-Applicability of section 3 and 5 of unamended 1988 Act-Unconstitutional from their inception-2016 Act containing criminal provisions can only be applied prospectively and not retroactively- Decision recalled and restored for reconsideration [[S. 2, 3, 4, 5, 24, 27(3), 27(5), 53, 54, 54A, 67 Art. 14, 20(1)]

UOI v. Ganpati Dealcom (P.) Ltd. (2024) 301 Taxman 313 /(2025) 474 ITR 354 (SC) Editorial: UOI v. Ganpati Dealcom (P.) Ltd. (2022) 141 taxmann.com 389/ 289 Taxman 177/ 447 ITR 108 (SC)recalled .

S. 271D : Penalty-Takes or accepts any loan or deposit-Cash credits-Reasonable cause-High Court affirmed the order of the Tribunal. Revenue filed SLP which was delayed by 660 days-SLP of revenue is dismissed on account of delay as well as on merits.[S. 68, 271E, 273B, Art. 136]

PCIT v. Shree Madhi Surali Vibhag Nagarik Sahakari Dhiran Mandali Ltd. (2024) 301 Taxman 556 (SC) Editorial : PCIT v. Shree Madhi Surali Vibhag Nagarik Sahakari Dhiran Mandali Ltd. (2024) 167 taxmann.com 470 (Guj)(HC)

S. 260A : Appeal-High Court –Long term capital gains-Penny stock-Bogus claim-High Court cannot examine factual issues not raised before lower authorities-SLP of assessee is dismissed [S. 68, Art.136]

Manoj Jain (HUF) v. ITO (2024) 301 Taxman 398 (SC) Editorial: Manoj Jain (HUF) v. ITO [2024] 164 taxmann.com 133/299 Taxman 456 (Cal) (HC)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Application for recalling Tribunal’s order-No rectifiable mistake apparent on the record.[Art. 136]

Vijay Channabasav Suttatti v. ACIT (2024) 301 Taxman 236 (SC) Editorial: Vijay Channabasav Suttatti v. ACIT (2024) 166 taxmann.com 384 (Bom)(HC); Vijay Channabasav Suttatti v. ACIT (2023) MA No. 014/PUN/2023, ITA No. 825/PUN/2018 dt.9-9-2022 (Pune)(ITAT)

S. 245D : Settlement Commission-Settlement of cases-Full and true disclosure-Power-Grant immunity from prosecution and penalty-Application rejected due to lack of true and full disclosure-SLP of assessee is dismissed. [S. 245C, 245H, Art. 136]

Pankaj Buildwell Ltd. and Group v. PCIT (2024) 167 taxmann.com 234/ 301 Taxman 405 (SC) Editorial : Ajmera Housing Corporation 326 ITR 642 [SC], PCIT v. Pankaj Buildwell Ltd. (2024) 161 taxmann.com 605 (Delhi)(HC), Ramesh Harbibhau Gawli v. ITO [2024] 167 taxmann.com 323 (Bom)(HC)

S. 220 : Collection and recovery-Assessee deemed in default –Stay of recovery-SLP of assessee is disposed of by reserving liberty to assessee to file a review petition before Division Bench of High Court and till initial consideration of review petition for any interim or final order, there would be stay of directions. [Art. 136]

Covenant Stones (P.) Ltd. v. CIT (Appeals) (2024) 301 Taxman 554 (SC) Editorial: Covenant Stones (P.) Ltd. v. CIT (Appeals) (2024)167 taxmann.com 639 (Ker)(HC)

S. 192 : Deduction at source-Salary-Diversion of income by overriding title – Salary of teachers of Christian Institutions paid by State Government – Teachers paying their entire salaries to Church – Salaries not diverted at source by overriding title – State Government is bound to deduct tax at source on salaries-Central Board of Direct Taxes – Circulars -Circulars issued before independence of India – Subsequent circulars overriding earlier circular – Exemption granted under old circular is not binding on Revenue-SLP of assessee is dismissed.[S. 4, 5, 15, 192A up to 194LBB, Art. 136]

Institute of the Franciscan Missionaries of Mary v. UOI (2024)469 ITR 312 / 302 Taxman 4 (SC) Editorial : UOI v. Society of Mary Immaculate (Tamil Nadu), Madras (2019) 262 Taxman 496/ 412 ITR 545 (Mad)(HC)