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. 2(24)(xviii) : Income-Assistance in the form of a subsidy or grant or cash incentive or duty drawback or waiver or concession or reimbursement-Subsidy was given to setting up a new biomass co-generation system or to promote existing systems and its benefits – Capital subsidy – Directed to reduce from cost of asst acquired out of said subsidy and allow depreciation.[S. 4, 32, 43 (1)
Manali Petrochemical Ltd. v. Dy. CIT (2023) 201 ITD 317 (Chennai)(Trib.)
S. 2(24)(x) : Income-Any sum received by assessee from his employees-Addition to be made prior to apportionment of 60% as agricultural income and 40% as business income. AO directed to recompute disallowance and only 40% amount to be added to business income. [S. 36(1)(va), 43B, R. 8]
Hanuman Plantations Ltd. v. ITO (2023) 104 ITR 78 (Kol.)(Trib)
S. 2(14)(iii) : Capital asset-agricultural land-land situated within the jurisdiction of municipality limit-Chargeable to capital gain tax. [S. 2(14)(iii)(a), 2(14)(iii)(b), 45]
Precot Ltd. v. ACIT (2023) 201 ITD 350 / 103 ITR 82 (SN) (Chennai)(Trib)
S. 279 : Offences and prosecutions-Sanction-Chief Commissioner-Commissioner-Offences and prosecutions-Failure to pay to the credit tax deducted at source-Sanction for prosecution-Reasonable cause-Failure to deposit tax deducted at source due to prevalence of pandemic-Reasonable cause shown for failure-Sufficient cause-Assessee depositing tax deducted at source in phased manner with interest though after delay-Prosecution orders set aside.[S. 2(35), 276B, 278AA, 278B, 279]
D. N. Homes Pvt. Ltd v. UOI (2023)459 ITR 211 /156 taxmann.com 169/ 335 CTR 942 (Orissa)(HC)
S. 276C : Offences and prosecutions-Wilful attempt to evade tax-
Self-Assessment tax shown in return but paid late-Penalty levied-Nothing on record to show deliberate and wilful default of evasion of tax-Complaint and summoning order quashed.[S. 276(2), 278]
Health Bio Tech Ltd v. Dy. CIT (2023)459 ITR 349/156 taxmann.com 220 (P&H)(HC)
S. 268A : Appeal-Instructions-Monetary limits-Below threshold limit fixed by CBDT-Appeal is dismissed.[S. 260A] The court dismissed the appeal filed by the Department on the ground of low tax effect for the assessment year 2009-10.(AY.2009-10)
PCIT v. K. B. Capital Markets Pvt. Ltd. (2023)459 ITR 790 /156 taxmann.com 736 (Cal)(HC)
S. 264 : Commissioner-Revision of other orders-Taxability of amount declared under Income Declaration Scheme-Rejection Of Application is not valid. [Finance Act, 2016 (2016) 384 ITR 1, 87 (St) (2019) 416 ITR 1(St), S.183, to 188 Art. 226]
Smita Rohit Gupta v. PCIT (2023)459 ITR 369 / (2024) 158 taxmann.com 157 / 340 CTR 700(Bom)(HC)
S. 260A : Appeal-High Court-Delay of 380 days-Delay in filling appeal is condoned-Tribunal is directed to decide on merits. [S. 68, 254(1)]
Rarefield Engineers Pvt. Ltd. v. ACIT (2023)459 ITR 766 /156 taxmann.com 643 (Mad)(HC)
S. 260A : Appeal-High Court-Judgement of earlier year is up held by High Court-No question of law.[S. 254(1)]
PCIT v. Jayantibhai Virjibhai Babariya (2023)459 ITR 447 /(2024) 158 taxmann.com 545 (Guj)(HC)