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
Click here to download the pdf versions of the Digest of case laws

S. 2(22)(e) : Deemed dividend-Amount received in earlier years-Addition was not justified.

Sunil Kanhaiyalal Gidwani v. ACIT (2022) 216 TTJ 54 (UO) / 140 taxmann.com 21 (Pune)(Trib)

S. 2(22)(e) : Deemed dividend-Loan to shareholder-Loan made in ordinary course-Separate loan account and trade account of assessee-Loan cannot be treated as deemed dividend at the hands of assessee.

Kankuben Karshanbhai Tejani (Smt.) v. Dy. CIT (2022) 98 ITR 702 //(2023) 198 ITD 304 (Surat) (Trib.)

S. 2(22)(e) : Deemed dividend-Loans and advances-Advance to business purposes-Deemed dividend provision is not applicable.

Dy. CIT v. Gurmeet Singh Anand (2022) 98 ITR 85 (SN) (Delhi) (Trib)

S. 2(22)(e) : Deemed dividend-Loan to Shareholder-Nature of business of company to lend money-Advanced money to assessee shareholder for exigency and charged interest-Loan not assessable as deemed dividend.

ACIT v. Krishna Coil Cutters Pvt. Ltd. (2022)98 ITR 650 (Ahd) (Trib)

S. 2(22)(d) : Dividend-Any distribution to its share holders on the reduction of its share capital-Deemed dividend-Redemption of Preference shares at premium-Not assessable as dividend-Addition was deleted. [S. 2(22)(e), R. 11UA(1)(c)(b), 11UA (1)(c)(c)]

Information Technology Park Ltd. v. ITO (2022) 99 ITR 633 (Bang.)(Trib)

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)