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. 17(2) : Salary-Perquisite-Constitutional validity-Amendment by Finance Act, 2007-Challenge to amendment-Outcome of writ petition to be governed by adjudication in similar petitions pending at Principal Seat.[S. 15, Art. 226]

Bank of Maharashtra Officers’ Organisation v. UOI [2023] 153 taxmann.com 190 (Bom.)(HC)

S. 11 : Property held for charitable purposes-Business incidental to main objects-Surplus from a pharmacy operated by a hospital trust for its patients is ancillary to the main charitable object of medical relief and not taxable as business income.[S.2(13),10(23C)(via),11(4A),260A]

PCIT (E) v. National Health & Education Society [2023] 154 taxmann.com 636 (Bom.) (HC)

S. 4 : Charge of income-tax-Interest on compensation-Motor accident claims-Deduction at source-Interest other than interest on securities-Interest awarded from date of claim petition until judgment of Court is not ‘income’ and, thus, not exigible to tax; no TDS deductible. [S. 2(28A), 194A]

Balkrishna v. State of Maharashtra [2023] 151 taxmann.com 62 (Bom.)(HC)

Direct Tax Vivad se Vishwas Act, 2020

S. 4: Filing of declaration-Pending revision-A revision application under section 264 of the Income-tax Act, 1961, filed with a request for condonation of delay, is considered ‘pending’ for the purposes of the DTVSV Act until it is disposed of by the CIT-An AO cannot reject the declaration on the basis that the revision is time-barred-The Assessing Officer was directed to process declaration of assessee and pass such order as required in accordance with law. [S. 2, Income-tax Act, 1961, S. 264, Art. 226]

Dhanraj Malchand Rathi v. UOI [2022] 137 taxmann.com 448 (Bom.)(HC)

Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015

S. 50 : Punishment for failure to furnish information about foreign asset-Stay of proceedings-Prosecution is premature when based on an assessment order against which an appeal is pending before the CIT(A)-High Court directed the revenue not to proceed further on the basis of the show-cause notice until the next date of hearing, thereby granting an interim stay [S.51 Income-tax Act, 1961, 276C]

Anil Dhirajlal Ambani v. UOI [2022] 145 taxmann.com 656 (Bom.) (HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Merger of orders-Revisional jurisdiction cannot be exercised on an issue which has been considered and decided by the Tribunal on appeal. [S. 80IA, 80IB, 271(1)(c)]

CIT v. Sanvijay Rolling & Engg. Ltd. [2022] 137 taxmann.com 123 (Bom.)(HC)

S. 148 : Reassessment-Notice-Notice based on a closed tax evasion petition and non-actionable information is invalid.[S. 147, Art. 226]

Neo Sannyas Foundation v. ITO (E) [2022] 140 taxmann.com 481 (Bom.) (HC)

S. 147 : Reassessment-Audit objection-Assessing Officer to form independent belief; reopening cannot be based merely on dictates of revenue audit. [S. 92CA, 148, Art. 226]

Sodexo India Services (P.) Ltd. v. ACIT [2022] 141 taxmann.com 311 (Bom.)(HC)

S. 147: Reassessment-Change of opinion –Capital gains Reopening to treat capital gains as business income invalid where issue was considered in original assessment-Reopening also invalid where same issue was dropped in revision proceedings. [S. 28(i), 45, 148, 263]

Samet Estates (P.) Ltd v. CIT (2022) 140 taxmann.com 342 (Bom.)(HC)

S. 147: Reassessment-Change of opinion –Non-compete fee-Where an issue was specifically examined during original assessment through a query, reopening on the same issue constitutes an invalid change of opinion, even if the assessment order is silent on that point. [S. 37(1), 148, Art. 226]

Sherwin Williams Paints India (P.) Ltd v. DCIT (2022) 140 taxmann.com 7 (Bom.) (HC)