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 improve public transport system and to assist its members-Charitable object entitle to exemption-Order of Tribunal is affirmed. [S. 2(15), 10(23C)(vi), 12A, 260A]

CIT(E) v. Association of State Road Transport Undertakings (2022) 447 ITR 95 (Delhi)(HC)

S. 10(20) :Local authority-Appeal to High Court-Assessee not claiming benefit under section 10(20)-High Court not justified in dismissing Department’s appeals granting benefit-Order of High Court set aside with the direction to consider the appeals afresh in accordance with law and on merits. [S. 260A]

CIT(E) v. Jaipur Development Authority (2022) 447 ITR 646 /218 DTR 530 / 329 CTR 222 / 145 taxmann.com 119/ (2023) 290 Taxman 109 (SC)

S. 10(5) : Travel concession or assistance-Leave travel allowance-State Bank of India Officers’ Service Rules stating that leave travel concession available only to travel inside India-Administrative instructions extending leave travel concession for travel outside India-Not valid-Not entitled to additional benefit. [Art. 226]

All India State Bank Officers Federation v. State Bank of India (2022)447 ITR 559 (Mad.)(HC)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Payment of subscription for online journal-Matter remanded to High Court to consider facts-DTAA-India-USA. [S. 195, 201(1), (1A), Art. 12]

Infosys Technologies Ltd. v. CIT (2022)447 ITR 666 /220 DTR 41 / 329 CTR 688/ 289 Taxman 296(SC) Wipro Ltd. v. CIT (2022) 447 ITR 666// 220 DTR 41 (SC) Editorial : Decision in CIT v. Wipro Ltd (2013) 355 ITR 284 (Karn)(HC) set aside.

S. 4 : Charge of income-tax-Income or capital-Compensation for cancellation of agreement-Long term capital gain-Income from other sources-Compensation received by assessee to indemnify developer against action by persons who had booked flats through assessee-Taxable income [S. 2(24), 45, 56].

Manoj B. Joshi v. 8th ITO (2022) 447 ITR 757 / 220 DTR 301 / 329 CTR 959/ 289 Taxman 623(SC) Editorial : Order in Manoj B. Joshi v.8th ITO (2009) 179 Taxman 30 224 CTR 481 (Bom)(HC), affirmed.

S. 147 : Reassessment –With in four years- Share capital – Share premium – Income from other sources – Produced evidence in support of increase of authorised share capital , share allotment and names and address of parties from whom share premium received – Change of opinion – Reassessment was quashed . [ S. 56 (2)(viib), 148 Art , 226 ]

Kalpataru Land Pvt. Ltd v. ACIT ( 2022) 136 taxmann.com 434 (Bom) (HC) Editorial : SLP of Revenue dismissed ACIT . v. Kalpataru Land Pvt. Ltd. (2022)447 ITR 364 (SC)

Prohibition of Benami Property Transactions Act, 1988,

S.3: Prohibition of benami transactions — Change of law — Rule against retrospectivity —Amendments brought in 2016 introducing expanded definition of “Benami Property” to include proceeds from property held benami, element of Mens Rea and punitive forfeiture in Rem — Amendments brought in 2016 not merely procedural but substantive to have effect only prospectively — Prosecution or confiscation proceedings under amended provisions for transactions entered into prior to coming into force of 2016 amendment act not sustainable – Legislative powers — Validity of provision — Doctrine of manifest arbitrariness- The court left the question of the constitutionality of independent forfeiture proceedings contemplated under the 2016 Amendment Act on other grounds, open to be adjudicated in appropriate proceedings . [ S. 2, 3, 4, 5, 24, 27(3), 27(5), 53, 54, 54A, 67 Art , 14, 20(1) ]

UOI v. Ganpati Dealcom Pvt. Ltd. (2022)447 ITR 108 / 289 Taxman 177 (SC)/Editorial : Review petition is allowed , and the judgement is recalled , UOI v. Ganpati Dealcom (P.) Ltd. (2024) 301 Taxman 313 (SC)

. 143(3): Assessment – High-Pitched Assessment — Strictures – Instructions of CBDT to be followed -Tax payers are one of the important pillars of the Country – Their harassment not only causes a jolt to the economy of the country and employment but also comes in the way of economic policy of the Government including the policy “ Ease of Doing business “ – The instruction dated April 23, 2022 issued by the Central Board of Direct Taxes , needs to be implemented. Truly and effectively – Writ of mandamus issued to the CBDT with detailed directions .[ S. 119 , Art , 226 ]

Harish Chandra Bhati v. PCIT (2022)447 ITR 585 / 327 CTR 263 (All)(HC)

S.56:Income from other sources – Transfer – The assessee had acquired right in the ownership of the flat at the time of issuance of allotment letter- Date of allotment letter is to be considered as date of purchase – Addition made on the basis of stamp valuation on the date of registration was deleted .[ S. 2(47), 56(2)(vii)(b) ] S.56:Income from other sources – Transfer – The assessee had acquired right in the ownership of the flat at the time of issuance of allotment letter- Date of allotment letter is to be considered as date of purchase – Addition made on the basis of stamp valuation on the date of registration was deleted .[ S. 2(47), 56(2)(vii)(b) ]

ITO v. Rajni D. Saini (Mum)(Trib)(www.itatonline .org

Central Goods and Service Tax Act, 2007

S. 169: Service of notice in certain circumstances – Show cause notice and consequential orders – Required to be signed by concerned officer and same had to be affixed with digital signature if they were up loaded on GST portal .[ Art , 226 ]

Railsys Engineers Pvt Ltd v. Add.CIT ( 2022) ( 65) G.S.T.L. 159 ( Delhi)( HC)