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. 80IA:Industrial undertakings – Infrastructure development-Inland container depot and container freight station – Entitled to the deduction.[ S.80IA(4), 260A ]

PCIT v. Maharashtra State Warehousing Corporation (2023) 451 ITR 178 /149 taxmann.com 372 (Bom)(HC)

S. 45 : Capital gains -Penny Stock – Cash credits –Accommodation entries – DMAT account and contract note showed details of share transaction- Assessing Officer had not proved said transaction as bogus, capital gain earned on said transaction can not be treated as cash credits – Addition as cash credit was deleted- Order of Tribunal allowing the exemption was affirmed . [ S. 10(38), 68 ]

PCIT v. Indravadan Jain, HUF (2023) 156 taxmann.com 605 //(2024)463 ITR 711 ( Bom)( HC) www.itatonline .org

S.2(14)(iii): Capital asset-Agricultural land-Sale of agricultural land – Land revenue record shown as “ Lagavadi Yogya Sherta “ ( Cultivable land )- Vegetables and minor millets grown – Land situated in Raigad District – No condition is prescribed under the provision of section 2(14)(iii) of the Act that active agricultural activity should be there at the time of sale of the land – Only condition that it must be agricultural land – Consideration received is not liable to be taxed as capital gains .[ S. 45, 54B , 131 ]

ACIT v. Ashok W. Wesavkar ( TM) ( Mum)( Trib) www.itatonline .org

I got a flat in redeveloped society . The Development Agreement  was signed in 2010 between society and developer . The possession was given in june 2019. How ever due to litigation i could not execute Permenant Alternate Accomodation Agreement (PAAA)when other owners could do it in 2014.At that time as per  DA stamp duty and registration charges were paid by developer Now I approached my Builder to execute PAAA by paying stamp duty and registration charges .The builder refuse to pay Stamp duty and registration charges saying that his ac with society is closed and He will not pay anything. What stamp duty and registration charges i will have to pay to day on my PAAA execution. Recent Bombay High court order saying NO STAMP DUTY on PAAA if Delopment agreement is stamped and registered is available in my case ?

Stamp duty on PAAA

S. 12AA : Procedure for registration –Trust or institution- Plastic Waste Management -Preservation of Environment as defined in Section 2(15) of the Act – Eligible for exemption – Denial of registration is not valid . [ S. 2(15), 11,12A, 12AA (1)(b)(ii) , Form No .10A , Constitution of India Art, 14, 19 and 21 , 47, 48-A ,51-A(g) , Environment (Protection) Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution), Act 1981 , ]

Punjab Plastic Waste Management Society v. CIT( E) (2023) 225 TTJ 1 ( Chd )( Trib) www.itatonline .org

S. 11 : Property held for charitable purposes – Object of improvement in the town of Sangrur – Activities cannot be held to be commercial in nature – Entitle to exemption . [ S. 2(15), 12 , 13(8) ]

Improvement Trust v. ACIT( E) ( Chd )( Trib) www.itatonline .org .

S. 148 : Reassessment –Notice – Objection to recorded reason was not disposed off by a separate speaking order – Order is bad in law .[ S. 143(3), 147 ]

General Electric Company v ADIT ( Mum)( Trib) www.itatonline .org

S. 92C : Transfer pricing – Arm’s length price – Bundle of Sport Broadcasting Rights – Most Appropriate Method – CUP Method and Other Method – Report of an independent Valuer – Assessee can resile from the Most Appropriate method selected earlier -The Most Appropriate Method is other Method – On the facts the Assessing Officer was justified in making transfer pricing adjustment in the international transaction of acquiring Bundle of Sport Broadcasting Rights on the basis of deficiencies found by him in the valuation report submitted by the assessee- Majority view . [S. 92 , R. 10B, 10C ]

Star India Private Limited v. ACIT-16(1), Mumbai (2023) 151 taxmann.com 77/ 224 TTJ 273 /105 ITR 1 ( SB )(Mum) (Trib.) www.itatonline.org

S. 276CC : Offences and prosecutions – Failure to furnish return of income – Return filed late – Directors of the firm held guilty – Sent to rigorous imprisonment for six months . [ S. 139 , 278E CPC , 248( 2 ), 313 ]

ITO v. Saloni Jewellers Pvt Ltd (Add. Chief Metropolitan Magistrate ( Mum) ITO v. Jitendra Patechand Jain (Add. Chief Metropolitan Magistrate ( Mum ) ITO v. Kiran Patechand Jain ( Add. Chief Metropolitan Magistrate ( Mum ) Editorial : Bail is granted the appeal is proposed to be filed before Session Court .

S.54F : Capital gains- Investment in a residential house – Co -owner of more than one house – Eligible for deduction- Precedent – When there are conflicting decisions of High Courts the view in favour of the assessee has to be followed . [ S. 45 ,54 ]

Zainul Abedin Ghaswala v. NFAC (2023)201 ITD 829 / 224 TTJ 569 ( Mum)( Trib) www.itatonline .org