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. 11 : Property held for charitable purposes – Application of income – Expenses of earlier years can be adjusted against income earned in subsequent year . [ S. 11(4) ]

PCIT v. Karnataka Jesuit Educational Society (2021) 281 Taxman 478 (Karn.) (HC)

S. 11 : Property held for charitable purposes – Activity of running hostel – Not commercial activity – Denial of exemption is held to be not justified . [ S. 2(13), 2(15) , 11(4A) ]

Daya Nand Pushpa Devi Charitable Trust v. Addl. CIT (2021) 436 ITR 406/ 281 Taxman 455/203 DTR 201/ 321 CTR 385 (All.) (HC)

S. 6(6) : Residence in India – Not-ordinarily resident -Accrual of income -Sale of stock option – Earlier employer – Matter remanded back to the Assessing Officer [ S. 5(1) (c ) ]

Dr.S. Muthian v. ACIT (2021) 281 Taxman 640 (Mad.) ( HC)

Direct Tax Vivad Se Vishwas Act, 2020

S. 4 : Filing of declaration and particulars to be furnished S. 4 : Filing of declaration and particulars to be furnished – Time limits – Appellant -Disputed tax – Dismissal of appeal by Commissioner (Appeals ) as time barred – Tribunal condoning the delay – Declaration was held to be valid- Respondents were directed to accept the revised declaration filed by the petitioner . [ S.2 (1)(a)(i), 2(1) (j)( B) , ITA, S. 246A, Art , 226 ]

Boddu R amesh v. PCIT (2021) 281 Taxman 587 (Telangana) (HC)

S. 143(3): Assessment -Bogus purchases – Estimation of profit at 10% of total alleged bogus purchases is held to be justified – No substantial question of law [ S.37 (1), 40A(3), 260A ]

PCIT v. JK Surface Coatings Pvt Ltd ( Bom ) ( HC ) www.itatonline .org .

S. 143(3): Assessment – Natural justice –Covid-19 – Lockdown – Returned income was loss of Rs.10, 57,049 and income assessed was 114. 57 ,33, 424 – Only three working days notice was given to file various details – Order passed without giving sufficient time is violative of the principle of natural justice – Order was set aside . [ S. 144, Art. 226 ]

SPL Gold India Pvt Ltd v.ACIT ( Bom ) (HC) www.itatonlline .org

S. 68 : Cash credits – Share application money –Accommodation entries – Statement of Shri Shirish C.Shah – Investor companies have responded to the notices issued u/s 133(6 and summons issued u/s 131 of the Act – Deletion of addition is held to be justified [ S. 131, 132 (4), 133(6) ]

ITO v. Nita Jajoo Ventures Pvt Ltd (2021 ) The Chamber’s Journal – September -P. 76 ( Mum) ( Trib)

S. 32 : Depreciation – iPad is a communicating device and not a computer, hence, ineligible for higher rate of depreciation of 60 per cent.

Kohinoor Indian ( P) Ltd v.ACIT (2021) 191 ITD 593 / 129 taxmann.com 396 (Amritsar) ( Trib.)

S. 194H : Deduction at source – Commission or brokerage – Expenditure on conference of doctors could not treated as commission – Not liable to deduct tax at source [ S. 201 ]

CIT v. Intas Pharmaceuticals Ltd ( 2021 ) 439 ITR 692/ 283 Taxman 215/129 taxmann.com 347/ 205 DTR 185/ 322 CTR 545 (Guj) (HC) / 129 taxmann.com 347 (Guj) (HC) Editorial : Order of Tribunal in Intas Pharmaceuticals Ltd v. ACIT (2021 ) 200 DTR 177 ( Ahd) ( Trib) is affirmed .Editorial: Notice issued in SLP against the order of High Couurt , CIT v. Intas Pharmaceuticals Ltd ( 2022) 286 Taxman 560(SC)

S. 12AA : Procedure for registration –Trust or institution-Education- Excess of expenditure over income – Exemption cannot be denied [ S. 2(15), 11 ]

S. 12AA : Procedure for registration –Trust or institution-Education- Excess of expenditure over income – Exemption cannot be denied [ S. 2(15), 11 ]

CIT v. Angels Education Trust ( 2021 ) 129 taxmann.com 305 ( Mad ) ( HC)