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.147: Reassessment – After the expiry of four years – Depreciation – Undisclosed income – No failure to disclose material facts -No power to review the order – Notice issued to reopen the assessment was quashed [ S.148, Art , 226 ]

Shaspayee Paper & Boards Ltd v. UOI (2021) 198 DTR 97 / 319 CTR 293 (Mad ) (HC)

S. 11 : Property held for charitable purposes – Running of pharmacy – Pharmacy store was ancillary to the main object of running the hospital- Denial of exemption was held to be not justified . [ S 10, 10(22), 10(23C)(via), 11(4A)]

PCIT (E) v. National Health & Education Society (2021) 197 DTR 147 / 318 CTR 500 (Bom) (HC )

S. 80HHC : Export business – Order not given effect even after eight years of passing the order- The Assessing Officer was directed to give effect of the Order of Tribunal within a period of one month from the receipt of the certified copy of this judgment.-Non compliance of the order the Assessing Officer made liable to pay cost of Rs ,25000. From his salary [ S. 254 (1), Art . 226 ]

Mohanachandan Nair, B. v . A CIT ( 2021 ) 197 DTR 217/ 318 CTR 495 (Ker) (HC)

S. 254(1) : Appellate Tribunal – Duties- Order of Tribunal remanding the matter was set aside and directed to decide on merit .[ S.144C(13, 260A ]

India Trimmings (P) Ltd v. Dy. CIT ( 2021 ) 197 DTR 342 / 319 CTR 317 ( Mad) (HC)

S. 10 (23C): Educational institution- Denial of exemption –Profit motive- Matter remanded . [ S. 10 (23C)(vi), Art , 226 ]

Bihar Combined Entrance Competitive Examination Board v. CIT (2021) 197 DTR 29 ( Pat) (HC)

S. 260A : Appeal – High Court – Dismissal of appeal on monetary limit of less than 50 lakhs – Rectification application of the revenue was allowed on the ground that the issue under consideration falls under exception clause of the Circular – Recall of the order is held to be justified – Appeal of assessee was dismissed [ S.254(2), 268A ]

Seema Bhattacharya (Smt) v. PCIT ( 2021 ) 197 DTR 353 ( MP ) ( HC)

S.115BBE: Tax on specified income – Levy of tax at 60% and surcharge @ 25 % – Legislature has the power to levy taxes and duties – Taxation Laws ( Second Amendment Act , 2016 ) – Order of single Judge is affirmed [ S.69A, Art, 245,246 (1), 269, 270, 271 ]

Maruthi Babu Rao Jadav v. ACIT ( 2021) 430 ITR 504 / 199 DTR 66/ 319 CTR 422 ( Ker ) ( HC)

Constitution of India

Art. 141 : COVID-19 –Limitation Extended from March 15 , 2020 till February 28 , 2022 – Relief for litigants and lawyers [ Art. 142]

In Re: Cognizance for Extension of Limitation Suo Motu Writ Petition (SC) www.itatinline .org

S. 2(11) : Undisclosed foreign assets-Offences and prosecution-Failure to file return-Beneficial owner-Information under provisions of Exchange of Information article of India-Singapore Double Taxation Avoidance Agreement-Mentioning details of his passport as an identification document, did not necessarily, in absence of any other corroborative evidence of beneficial ownership of assessee over asset, lead to taxability in hands of assessee under Black Money Act-Deletion of addition was affirmed. [S. 2(12), 3, / 4, 5, 10(1), 50, Benami Property (Prohibition) Act 1988, S. 2(12), Prevention of Money Laundering Act]

ACIT v. Jatinder Mehra (2021) 190 ITD 611 / 212 TTJ 681/ 204 DTR 161 (Delhi) (Trib.)

S. 272A : Penalty-Failure to answer questions-Sign statements-Furnish information-Delay in filing TDS return-Tax deducted at source was deposited on time-No loss to revenue-Levy of penalty was held to be not justified. [S. 272(2)(k)]

Maharashtra Jeevan Pradhikaran v. JCIT (TDS) (2021) 190 ITD 147 / 88 ITR 30 (SN) (Pune)(Trib.) Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015