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. 10(38) : Long term capital gains from equities – Sale of shares – Taxable loss cannot be set off against income from tax under Chapter III- Short term capital loss arising on sale of shares cannot be set off against long term capital gains from sale of shares which are exempt u/s 10(38)- Revenue was not justified in disallowing assessee’s claim for carry forward of loss. [ S. 45 ]
Sikha Sanjay Sharma (Mrs ) v.DCIT (2022) 195 ITD 178 ( Ahd)( Trib)
S.69A: Unexplained money – Demonetization – AIR information -Amount deposited to bank from earlier withdrawals – Addition was deleted – Cash Deposits in Partnership Firm’s bank Account – Amount transferred to partner’s account as withdrawal from capital –Addition cannot be made in the hands of partner . [ S. 2(31)iv),133(6)] S.69A: Unexplained money – Demonetization – AIR information -Amount deposited to bank from earlier withdrawals – Addition was deleted – Cash Deposits in Partnership Firm’s bank Account – Amount transferred to partner’s account as withdrawal from capital –Addition cannot be made in the hands of partner . [ S. 2(31)iv),133(6)]
Ajit Bapu Satam v. Dy. CIT CIT (2022) 220 TTJ 153 / 218 DTR 119 / (2023) 147 taxmann.com 222 (Mum)(Trib.) www.itatonline .org
S. 11 : Property held for charitable purposes – Education – Study and promote the latest development in the filed of Architecture – Mere surplus arising as a result of charitable activities the Institution does not cease to be a charitable institution – Entitle to exemption. [ S. 2(15), 12A, Architect Act , 1872 ]
The Indian Institute of Architects v. ITO (Mum)( Trib) www.itatonline .org
S. 271G : Penalty-Documents-International transaction-Transfer pricing-Transactional Net Margin Method-Bifurcation of profits-Failure to furnish the details-Deletion of penalty is held to be valid. [S. 273B, R. 10D(1)]
ACIT v. DA Jhaveri (2022) 94 ITR 35 (SN) (Mum.)(Trib.)
S. 271BA : Penalty-Failure to furnish reports-International transaction-Transfer pricing-Reasonable cause-Penalty cancelled. [S. 92E, 273B]
Mahanagar Telephone Nigam Ltd. v. Dy.CIT (2022) 94 ITR 44 (SN) (Delhi)(Trib.)
S. 271(1)(c) : Penalty-Concealment-Relevant limb specifying charge not struck off-Penalty not leviable.
Shoreline Hotel Pvt. Ltd. v. Dy.CIT (2022) 94 ITR 18 (SN) (Mum.)(Trib.)
S. 271(1)(c) : Penalty-Concealment-Valuation of closing stock-Less than cost price-Levy of penalty was quashed.
Sheth Ship Breaking Corporation v. JCIT (2022) 94 ITR 38 (SN) (Ahd.)(Trib.)
S. 271(1)(c) : Penalty-Concealment-Bonafide mistake-Claim with respect to Long term capital loss.
Pawan Garg v. ACIT (2022) 94 ITR 159 / 217 TTJ 20 (SMC) (Chd.) (Trib.)
S. 271(1)(c) : Penalty-Concealment-Non-striking off of relevant limb-lack of recording proper satisfaction by AO whether there was concealment of income or furnishing of inaccurate particulars of income by the Assessee-Non application of mind by AO-Levy of penalty is not valid. [S. 274]
Proform Interiors Pvt. Ltd. v. ACIT (2022) 94 ITR 63 (SN) (Delhi) (Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Interest on borrowed capital-Loans utilised for purchase of properties and assets-Revision is held to be not valid. [S. 36(1)(iii)]
Niagara Financial Consultants Pvt. Ltd. v. PCIT (2022) 94 ITR 24 (SN) (Mum.)(Trib.)