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 – 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

S. 271B :Penalty- Failure to get accounts audited -Books of account not maintained – Penalty cannot be levied for not getting the accounts audited .[ S. 44AB, 44AD ]

Bhawani Shankar Gupta v. ITO ( 2023) The Chamber’s Journal – May -P. 112 ( Jaipur)( Trib)

S. 270A:Penalty for under -reporting and misreporting of income – Addition on the basis of estimation of valuation – Levy of penalty is not valid .[ S. 43CA ]

Jaibalaji Business Corporation (P.) Ltd v. ACIT ( 2023) 200 ITD 58 ( Pune )( Trib )

S. 270A:Penalty for under -reporting and misreporting of income – Addition on the basis of estimation of valuation – Levy of penalty is not valid .[ S. 43CA ]

Jaibalaji Business Corporation (P.) Ltd v. ACIT ( 2023) 200 ITD 58 ( Pune )( Trib )

. 263 : Commissioner – Revision of orders prejudicial to revenue -Mismatch of interest income – Enquiries were made – No discussion in the assessment order – Order is not erroneous – Revision is not valid . [ S. 143(3) , 26AS ]

Gopal Soundararaj v. PCIT (2023) The Chamber’s Journal – May -P. 111 . Chennai )( Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Deposit from members – Revision of order to examine and consider the applicability of section 69A, 115BBE on cash deposits , provisions of section 80P(2) and 269SS of the Act is held to be not justified . [ S. 69A, 80P(2), 115BBE , 143(3), 269SS ]

Adhar Nagri Sahakari Paipedhi v.CIT ( 2023) The Chamber’s Journal – April – P. 144 ( Mum) ( Trib)