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-Intangible Assets-Goodwill-Amalgamation-The order of the Tribunal allowing the depreciation claim of the assessee was upheld by the High Court. [S. 32(1)(ii)]

CIT v. Hewlett Packard India Sales (P) Ltd. [2024] 463 ITR 329 / [2021] 124 taxmann.com 431 (Karn) (HC) Editorial: SLP of the Revenue is dismissed, CIT v. Hewlett Packard India Sales Pvt. Ltd (2024) 463 ITR 334 / 161 taxmann.com 46 (SC)

S. 12A : Registration-Trust or institution-Method and manner of service of notice under statutory provisions-Notice and reminders issued by CIT(E) were reflected only on portal and not sent to the assessee at its registered email address-Order passed was set aside holding that before any action is taken, a communication of notice must be in terms of provisions of section 282 and rules made thereunder [S. 12A(1)(ac)(ii), 282, Rule 127, Art. 226]

Munjal BCU Centre of Innovation and Entrepreneurship v. CIT (E) [2024] 463 ITR 560/ / 160 taxmann.com 629 /338 CTR 479 (P& H) (HC)

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-Incentive-Subsidies-Capital or revenue-Constitutional validity of insertion of sub-clause (xviii) of the Finance Act, 2015 which brought subsidies, all forms of incentives given by Government under the ambit of taxable income-The Amendment was constitutionally valid-The mere fact that the institution of tax by virtue of the impugned sub-clause falls more heavily on petitioner cannot result in its invalidity-Court Cannot Substitute Legislative Judgment of Economic Policies. [S. 4, Art. 12, 14, 19, 226, 246, 265, 289]

Serum Institute of India (P.) Ltd. v UOI [2024] 463 ITR 582 /336 CTR 6 (Bom)(HC)

S. 277 : Offences and prosecutions-False statement-Verification-Prosecution was launched two years prior to date of filing of application before Settlement Commission-Pending of prosecution was not brought to the notice of Settlement Commission-Provision of section 245I is not applicable-Proceedings canot be quashed-SLP of assessee is dismissed.[S. 245C, 245I, Art. 136]

S.S. Hyderabad Biriyanai (P.) Ltd v. Dy. DIT (Inv) (2024) 298 Taxman 198/ 160 taxmann.com 418/465 ITR 410 (SC) Editoorial : S.S. Hyderabad Biriyanai (P.) Ltd v. Dy. DIT (Inv) (2024) 160 taxmann.com 417 (Mad)(HC)

S. 276C : Offences and prosecutions-Willful attempt to evade tax-Paid self assessment tax with interest-Delayed payment of income tax would not amount to evasion of tax, there was no evasion of tax on part of assessee-company though there was a delay in payment of tax for which interest was paid-Prosecution launched is quashed. [S.140A(3), 276(2), 278B, Art. 226]

Hansa Metallics Ltd. v. Dy. CIT (2024) 298 Taxman 67 (P&H)(HC)

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Reasonable cause-Concerned staff was on leave-Proceedings are quashed. [S. 201(1)278AA, Art. 226]

Sengoda Gounder Educational and Charitable Trust v. ITO (2024) 298 Taxman 776 (Mad.)(HC)

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Principal officer-Merely because a person holds an office in a corporate entity, it would not be sufficient to place that individual in clause (b) of section 2(35); he must be connected with management and administration of company Matter remanded. [[S. 2(35)(b), Art. 226]

Varun Sood v. ACIT (2024) 298 Taxman 292 (Delhi)(HC)

S. 275 : Penalty-Bar of limitation-Natural justice-Delay of ten years in issuing show cause notice-Notice issued in November 2017-Barred by limitation-Order of High Court is affirmed-SLP of Revenue is dismissed. [S. 271, 274, 275(1)(c)]

Jt. CIT v. Clix Capital Services (P.) Ltd. (2024) 298 Taxman 90 / 464 ITR 768 (SC) Editoorial : Clix Capital Services (P.) Ltd v.JCIT (2023) 149 taxmann.com 279/ 459 ITR 470 / 334 CTR 574/ 225 DTR 232 (Delhi)(HC)

S. 271DA : Penalty for failure to comply with provisions of section 269ST-Attachment of bank account-Pendency of appeal before CIT(A)-Directed to remit a certain amount-Attachment is directed to lifted. [S.12A, 80G, 269ST, Art. 226]

Raj Educational Trust v. Dy. CIT(E) (2024) 298 Taxman 369 (Mad.)(HC)

S. 264 : Commissioner-Revision of other orders-Principle of natural justice-Application was rejected-Matter was not heard and disposed on the date hearing-Matter is set aside to decide the matter after giving a reasonable opportunity of hearing. [Art. 226]

Ritu Mittal (Smt.) v. ITO (2024) 298 Taxman 112 (All.)(HC)