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(14)(iii) : Capital asset-Agricultural land-Revenue records are ultimate proof of the land being agricultural land-Land situated beyond prescribed Limit-Cannot be considered as non-agricultural Land. [S. 45]
Mohideen Sharif Inayathulla Sharif v. ITO (2022) 95 ITR 345 (Chennai) (Trib)
S. 69A : Unexplained money – Advocate – Seizure of cash – Cash withdrawal from Bank – Professional fees received cash – Name of the client from whom cash received was disclosed – The cash amount was disclosed in the books of account – Revenue cannot ask the asseessee to prove the source of the source -Addition was deleted [ S.44AB , 131(IA) ]
Ramachandra Kanu Mendadkar v CIT(A) (Mum)( Trib) www.itatonline .org .
S. 12AB: Procedure for fresh registration – Cancellation of registration –Withdrawal of registration cannot be done retrospectively Commissioner Central has no jurisdiction to cancel the registration – – Cancellation of registration was quashed- Alternative contentions became academic hence not dealt with .[ S.11, [12A, 12AB(4) , 13 ]
Heart Foundation of India v.CIT ( Mum)( Trib) www.itatonline .org
S. 45 : Capital gains – Sale of shares held as investment – Indexed cost of acquisition – Cannot be assessed as business income – Issue of bonus shares is held to be justified – Sale of shares at cost – Short term capital loss allowable to be set off against long term capital gains-Transaction cannot be held to be colourable device to set off the long term capital gains- Loss was allowed to be set off . [ S. 28(i) , 70, 71 ]
J.M .Financial Ltd v. Dy .CIT (2023) 226 TTJ 729 ( Mum)( Trib) www.itatonline.org
S. 279 : Offences and prosecutions – Sanction – Chief Commissioner –Tax deduction at source – Compounding application – Application was filed beyond twelve months- Rejection of application was set aside. [S. 200,276B, 278B, 279(2), Art, 226]
Footcandles Film (P.) Ltd. v. ITO [2023] 453 ITR 402 / 333 CTR 612 /146 taxmann.com 304 (Bom)(HC)/Editorial : SLP of Revenue is dismissed , ITO v. Footcandles Film (P.) Ltd. (2023) 295 Taxman 410 (SC)
S. 271(1)(c) : Penalty–Concealment–Disallowance of deduction claimed – Deletion of penalty is justified. [S. 260A]
PCIT v. E-City Investments & Holdings Company (P.) Ltd. [2022] 144 taxmann.com 61 (Bom)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue–Write off of interest receivable–Interest expenditure on slum rehabilitation project at Dindoshi–Inadequacy of enquiry does not give jurisdiction to Commissioner to revise the order – Explanation 2 is prospective in nature. [S. 36(1)(iii), 36(1)(vii), 260A]
PCIT v. Shvshahi Punarvasan Prakalp Ltd. (2023) 331 CTR 593 (Bom.)(HC)
S. 254(1) : Appellate Tribunal–Powers–Notional income-Income from house property or Income from other sources–Tribunal has no power to review earlier order–Order of Tribunal is stayed. [S. 22, 23, 56, 254(2), Art. 226]
Procter and Gamble Home Products (P.) Ltd. v. ITO [2023] 150 taxmann.com 124 (Bom)(HC)
S. 251 : Appeal-Commissioner (Appeals)–Powers -Failure to submit grounds of appeal–Violation of principle of natural justice–Ex-parte order was set aside. [S. 250, Form No.35, Art. 226]
Prime ABGB (P.) Ltd. v. NFAC [2023] 147 taxmann.com 357 (Bom)(HC)
S. 245R : Advance rulings–Non -Resident–Capital gains –Shell company – CBDT circulars and press release of Ministry of Finance -Certificate of residence issued by Mauritius Authorities would constitute sufficient evidence – Denial of benefit of Double Taxation avoidance agreement – Matter remanded to Authority for Advance Rulings for reconsideration-DTAA-India–Mauritius. [S. 45, 197(1), 245Q, Art. 13, Art. 226]
Bid Services Division (Mauritius) Ltd v. AAR (2023)453 ITR 461 / 334 CTR 389(Bom) (HC)