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-Registered under Companies Act, 1956-No profit motive-Collection of fees or cess-No requirement that the applicant must be trust-Denial of exemption is held to be not justified. [S. 2(15), 12AA(3) Companies Act, 1956, S. 25, 617]
Dy. CIT(E) v. Mumbai Railway Vikas Nigam Ltd. (2021) 87 ITR 1 (Mum.)(Trib.)
S. 10 (23C) : Educational institution-No activity carried on other than educational purposes-Exemption cannot be denied-land sold at fair market value-Approval cannot be denied-Direction of the High court was not followed-Order barred by limitation. [S. 10(23C)(vi), 12A, 147, 148]
Roland Educational and Charitable Trust v. Dy.CIT (2021) 87 ITR 51 (Cuttack)(Trib.) Roland Institute of Pharmaceutical Science v. Dy.CIT (2021) 87 ITR 51 (Cuttack)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Deemed dividend-Order was passed after considering the reply and application of mind-Revision is held to be bad in law. [S. 2(22)(3), 143 (3)]
Eicher Motors Ltd v. CIT (2021) 86 ITR 530 (Delhi)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Examining the issue in the course of assessment proceedings-No discussion in the assessment order-Order is not erroneous-Interpretation-Provision inserted from date in midst of financial year-Procedural aspect-Prospective in nature.
Nalco Company, USA v. CIT (2021) 86 ITR 564 / 210 TTJ 369 / 200 DTR 275 (Pune)(Trib.)
S. 158BC : Block assessment-Undisclosed Income-No incriminating material found during search-Addition cannot be made-Delay in filing return-Interest payable till date of original assessment order–No provision to charge interest beyond date of original assessment. [s. 158BFA(1)].
V. Ramprasad Raju v. CIT (2021) 86 ITR 33 (SN) (Bang.)(Trib.)
S. 158BC : Block assessment-Undisclosed income-Incriminating material was found-Explanation was not satisfactory-Addition was held to be justified-Limitation-Panchnama-Limitation starts only from date of third panchnama-Not barred by limitation. [S. 158BE]
Abhishek Verma v. Dy. CIT (2021) 86 ITR 460 (Delhi)(Trib.)
S. 153D : Assessment-Search-Approval-Charitable Trust-Siphoning off of funds by founder-Approval given on same day by Additional Commissioner Stationed 250 Kms. away from Assessing Officer’s Office-No record regarding movement of files-Approval given without application of mind-Assessment null and void. [S. 10(23C) 12AA, 153A]
Uttarakhand Uthan Samiti v. ITO (2021) 86 ITR 695 (Delhi)(Trib.)
S. 153A : Assessment-Search or requisition-No incriminating material-Addition not sustainable-Share application money-Share premium-Identity of share holder established-Addition was held to be not valid. [S. 68]
Sensitive Vanijya P. Ltd. v. ACIT (2021) 86 ITR 99 (Kol.)(Trib.)
S. 153A : Assessment-Search-Unproved expenditure-No incriminating material was found-Ad-hoc expenditure of fifty percent of expenditure is held to be not sustainable. [S.132]
ACIT v. Arvind Srinivasan (2021) 86 ITR 84 (Chennai)(Trib.)
S. 147 : Reassessment-Recorded reasons-No addition was made on the basis of recorded reasons-Addition was made on long term capital gains-Reassessment was not valid. [S. 148]
Vijeta Shukla (Smt.) v. Dy. CIT (2021) 86 ITR 169 (Lucknow)(Trib.)