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-Car parked at premises of managing director-Gym Equipment-Depreciation cannot be disallowed on the ground that it was used by the managing director.

ACIT v. Claridges Hotels Pvt. Ltd. (2021) 86 ITR 402 (Delhi)(Trib.)

S. 32 : Depreciation-Computer software-Intangible asset-Entitle to depreciation at 60%.

Dy.CIT v. MPS Infotecnics Pvt. Ltd. (2021) 86 ITR 141 / 211 TTJ 230 / 201 DTR 209 (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Running Hospital, Pharmacy and Diagnostic Centre-Maintaining separate books of account-Receiving subsidies from Government-Denial of exemption was not justified. [S. 2(15), 12AA, 13]

Dy. CIT(E) v. Punjab Medical Foundation Charitable Trust (2021) 86 ITR 495 (Chad.)(Trib.)

S. 11 : Property held for charitable purposes-No changes in the nature of activities-Principle of consistency should be followed-Mutuality-Once the activities of the assessee-society were charitable, the principle of mutuality became superfluous. [S. 2(15) 12, 12A, 13]

ACIT(E) v. India Habitat Centre (2021) 86 ITR 290 (Delhi)(Trib.)

S.147: Reassessment – After the expiry of four years – Change of opinion – Subsidy – Provision for expenses – Query raised during assessment proceedings – Reply filed – It is not necessary that the assessment order should contain reference or discussion in the assessment order -Order was quashed – Court observed that the order of disposal of objections in to 21 pages and referring 68 case laws without referring the issue under consideration – Faceless Assessing Officer has only wasted his time in writing unsustainable order on objections . [ S. 4, 37(1)), 143(3), 148 ,Art , 226 ]

Hitech Corporation Ltd ( Formerly Known as Hitesh Plast Ltd ) v. ACIT ( Bom)( HC) www.itatonline .org.

Service Tax , Finance Act , 1994 .( 1994) 207 ITR 53 (St) (91 )

S . 74: Rectification of mistake –Precedent – Decision rendered by the Tribunal for assessee’s own case is binding on the Commissioner ( Appeals ) – Failure to consider the decision is mistake apparent on record .[ Art , 226 ]

Koluthra Exports Ltd v. UOI 2022 (57) G.S. T.L 112 ( Ker ) (HC)

Central Goods and Service tax Act , 2017 .

S. 83 : Provisional attachment to protect revenue in certain cases – Provisional attachment of bank account under sections, 62, 63 , 64 , 67 ,73 or 74 are not maintainable in absence of any proceedings . [S. 62, 63, 64, 67 , 73, 74 , Art , 226 ]

Real Trade v .UOI 2022 (56) G.S.T.L 161 ( Bom)( HC) Real Trade v .UOI 2022 (56) G.S.T.L 161 ( Bom)( HC)

Constitution of India .

Art . 141 :Law declared by Supreme Court to be binding on all courts – Interpretation – Two conflicting judgements of Supreme Court – The High Courts must follow the judgement which appears it to lay down the law more elaborately. [ Land Acquisition Act , 1894 , S 53 ]

Swiss Time Ltd v. Umrao AIR 1981 Punjab and Haryana 213 ( FB).

S. 263 : Commissioner – Revision of orders prejudicial to revenue -capital or revenue receipt – Subsidy – Order of the Assessing Officer accepting the receipt as capital receipt was ex facie erroneous and potentially prejudice to revenue – Order of the High Court remanding the matter to the Assessing Officer was affirmed [ S. 4 ]

L.G.Electronics India ( P) Ltd v .PCIT ( 2022 ) 134 taxmann.com 330 ( SC) Editorial : Oder of Tribunal in L.G. Electronics India ( P) Ltd v. ACIT ( 2017) 83 taxmann.com 179/ 187 TTJ 470 ( Delhi ) ( Trib) , set aside .

S. 148 : Reassessment –Notice – No valid service – Reassessment was bad in law – Service of notice on Advocate , Chartered Accountant or an employee not authorised is not an valid service . [ S. 292BB , CPC 1908 Order ,5 ]

PCIT v. Mahila Real Estate (P) Ltd ( Raj) (HC) . www.itatonline .org