Gist of recent important tax caselaws and judgements

Below are the recent important tax caselaws related to Income tax, Service tax, Excise in brief. The citation is made available for your benefit :

 INCOME TAX

SECTION 10(22)

EDUCATIONAL INSTITUTIONS

Misutilization of funds by trustee : Where genuineness of trust and objects of trust being charitable had not been disputed even if trustees had mismanaged or misutilised funds, exemption under section10(22) could not be denied - Anil Kumar Tantia v. Income-tax Officer (2013) 40 taxmann.com 333 (Jodhpur - Trib.)     SECTION 143 ASSESSMENT Natural justice : Where pursuant to search proceedings, assessee filed an application seeking copy of impounded documents so as to file revised return of income and Assessing Officer passed assessment order on basis of original return without supplying said copies, order so passed by Assessing Officer was not sustainable - Purvesh Mansukhbhai Shah v. Additional Commissioner of Income-tax (2013) 40 taxmann.com 425 (Gujarat)       SECTION 158BFA BLOCK ASSESSMENT - INTEREST/PENALTIES, LEVY OF Penalty order passed on deceased person : Where Assessing Officer passed penalty order under section 158BFA(2) in name of deceased assessee and son of deceased was never impleaded as a legal heir of his father, said penalty order was null and void - Chandrakant A. Gandhi v. Assistant Commissioner of Income-tax (2013) 40 taxmann.com 432 (Ahmedabad - Trib.) SECTION 158BG BLOCK ASSESSMENT IN SEARCH CASES - AUTHORITY COMPETENT TO MAKE Previous approval : Where Assessing Officer as a result of search conducted under section 132 upon one 'D' on 6-2-1996 passed block assessment order on one 'S', who was related to 'D', and Joint Commissioner had previously approved said order, as per proviso to section 158BG it was Commissioner who should have previously approved order of assessment - Commissioner of Income-tax v. Sri D.S. Srinivasa Rao & Brothers (2014) 41 taxmann.com 194 (Karnataka) SECTION 272A PENALTY - FOR FAILURE TO ANSWER QUESTION, SIGN STATEMENTS ETC. Failure to issue Form 16A to deductees : Where assessee was prevented by sufficient cause in not issuing Form 16A within prescribed time to persons from whom tax was deducted as PANs of deductees were not available with him, penalty order passed under section 272A(2)(g) in respect of default committed under section 203 was to be set aside - Commissioner of Income-tax (TDS) v. Collector, Land Acquisition, Department of Industrial & Commerce (2013) 40 taxmann.com 483 (Punjab & Haryana)       CENTRAL EXCISE ACT SECTION 11A RECOVERY - OF DUTY OR TAX NOT LEVIED/PAID OR SHORT-LEVIED/PAID OR ERRONEOUSLY REFUNDED Where CESTAT had directed pre-deposit without considering judgment of Commissioner (Appeals) in favour of assessee on merits, matter was remanded back to Tribunal to consider matter afresh in light of judgment of Commissioner (Appeals) - Chopra Steel Strips v. Commissioner of Central Excise and Service Tax (2014) 41 taxmann.com 131 (Punjab & Haryana)