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. 32 : Depreciation-Temporary erections wooden structures-Depreciation allowable at 100 Percent.

PCIT v. Oriental Bank Of Commerce Ltd. (2024) 464 ITR 563 (Delhi)(HC)

S. 28(i) : Business loss-Penny stock-Share trading-Information from investigation wing-VAS Insfracture Ltd (VASIL)-Not black listed by SEBI-Order of Tribunal allowing the loss is affirmed by High Court-Delay of 224 days-SLP of Revenue is dismissed on account of delay. [S. 10(38), 45, Art. 136]

PCIT v. Genuine Finance P. Ltd. (2024) 464 ITR 588 /162 taxmann.com 700 (SC) Editorial : PCIT v. Genuine Finance P. Ltd. (2023) 294 Taxman 303 /(2024) 462 ITR 492 (Guj.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Shares held as stock in trade-No disallowance can be made.[R. 8D]

PCIT v. Oriental Bank Of Commerce Ltd. (2024) 464 ITR 563 (Delhi)(HC)

S. 11 : Property held for charitable purposes-Information to charity commissioner-Remuneration to trustees-Denial of exemption is not justified. [S. 13(1)(c), 260A]

CIT(E) v. Lata Mangeshkar Medical Foundation (2024) 464 ITR 702/162 taxmann.com 118 (Bom)(HC) Editorial : SLP of Revenue is dismissed, CIT (E) v. Lata Mangeshkar Medical Foundation (2024) 464 ITR 706 (SC)

S. 11 : Property held for charitable purposes-Information to charity commissioner-Remuneration to trustees-Denial of exemption is not justified-SLP of Revenue is dismissed. [S. 13(1)(c), 260A]

CIT(E) v. Lata Mangeshkar Medical Foundation (2024) 464 ITR 706/300 Taxman 178 (SC) Editorial : CIT(E) v. Lata Mangeshkar Medical Foundation (2024) 464 ITR 702 (Bom)(HC)

S. 10(25) : Approved superannuation fund-Exemption-Only Chief Commissioner has power to withdraw approval-Approval not withdrawn-Denial of approval on ground that conditions for approval had not been complied with-Order of denial is not valid.[S. 10(25)(iii)]

Assam Frontier Employees Pension Fund v. CIT (2024) 464 ITR 102/ 336 CTR 319/164 taxmann.com 116 (Cal)(HC)

S. 5 : Scope of total income-Accrual of income-Terminating lease-Pendency of dispute before Small Causes Court-Small Causes Court allowing lessor to deposit lease rent in Court specifying that deposit was allowed without prejudice to rights of contestants-When the right to receive any sum by the assessee was in jeopardy and sub judice before the Small Causes Court, the Revenue was not justified in bringing to tax-Lease rent did not accrue to assessee. [S. 5(1)(b), 145 ]

T. V. Patel Pvt. Ltd. v. Dy. CIT ( 2023) 157 taxmann.com 108 / (2024) 464 ITR 409 / 336 CTR 136 (Bom)(HC) Tulsidas V. Patel (P) Ltd. v. Dy. CIT ( 2023) 157 taxmann.com 108 /(2024) 464 ITR 409/ 336 CTR 136 (Bom)(HC)

Prevention of Corruption Act, 1988.
S. 13: Criminal misconduct by a public servant-Power of High Court-Supreme Court-Automatic vacation of stay-Supreme Court cannot interfere with jurisdiction by passing blanket direction in exercise of power under article 142 and limiting High Court’s jurisdiction to pass interim orders valid only for six months at a time-Directions of Supreme Court that provided for automatic vacation of order of stay and disposal of all cases in which a stay had been granted on a day-to-day basis would virtually amount to judicial legislation and jurisdiction of Supreme Court cannot be exercised to make such a judicial legislation-Constitutional Courts, in ordinary course, should refrain from fixing a time-bound schedule for disposal of cases pending before any other Courts-A reasoned stay order once granted in any civil or criminal proceedings, if not specified to be time-bound, would remain in operation till decision of main matter or until and unless an application is moved for its vacation and a speaking order is passed adhering to principles of natural justice either extending, modifying, varying or vacating same. [ITAct, 1961, S. 254(2A), Constitution of India, 1950, Art. 141, 142, 226(3),227, Code of Criminal Procedure, 1973, 397, 482, Indian Penal Code, 1860,]

High Court Bar Association, Allahabad v. State of U.P. (2024) 299 Taxman 21 (SC)

Prevention of Corruption Act, 1988.
S. 13: Criminal misconduct by a public servant-A Government Servant-Prevention of corruption-Criminal misconduct-Offences and prosecution-Discharge of accused-Special bearer bonds-Unexplained investments-Assets acquired in the name of son-Trust-Separate entity-Proceedings under Income Tax Act which were sought to be relied upon were related to assessment of income of assessee and not related to source of income and allegation of disproportionate assets under Prevention of Corruption Act, thus, said orders could not be basis to abort criminal proceeding-Trial court is directed to complete the trial expeditiously. The Court is only required to consider judicially whether the material warrants the framing of charge without blindly accepting the decision of the prosecution. Appeal is dismissed. The Trial court is directed to complete the trial expeditiously [S. 13(1)(c), 13(2) IT Act, 1961,S 69, 254(1) Art. 136]

Puneet Sabharwal v. CBI (2024) 299 Taxman 1 / 466 ITR 314 (SC)

Direct Tax Vivad Se Vishwas Act, 2020

S. 2(1)(a) : Appellant-Amount payable and time of payment-Disputed tax-Filing of declaration and particulars to be furnished-Appeal dismissed by the Commissioner (Appeals)-Time limit for filing an appeal before Income tax Appellate Tribunal is not expired-Eligible to apply under provisions of DTVSV-The revenue is directed to proceed with the application of the assessee in accordance with the provisions of the DTVSV Act and other applicable regulations. [S.2(1)(a)(ii), 2(1)(j)(B), 4, S. 250, 254(1), Art. 226]

PT Bukaka Teknik Utama v. CIT (IT) (2024) 299 Taxman 156 /338 CTR 156 (Delhi)(HC)