Recent important tax caselaws

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 2(47)

CAPITAL GAINS - TRANSFER

Immovable property : Where in terms of joint development agreement of land, assessee executed a power of attorney in favour of representative of builder agreeing to authorize him to execute sale of built-up area, even though builder could not subsequently complete said agreement, in view of fact that substantial construction had already been completed, transfer took place within meaning of section 2(47) and, thus, assessee was liable to pay capital gain tax on such transfer - Smt. Prameela Krishna v. Income-tax Officer, Ward -1(2), Mysore (2014) 42 taxmann.com 185 (Karnataka)     SECTION 12AA CHARITABLE OR RELIGIOUS TRUST - REGISTRATION PROCEDURE Scope of power : Question as to whether trust is created or established for benefit of any particular religious community or caste would be relevant only when income of trust is being assessed in terms of section 11, however, at time of disposing of application of a trust seeking registration, Commissioner has to merely decide whether said trust has fulfilled necessary requirements of registration as provided under section 12A - Commissioner of Income-tax, Rajkot –II v. Leuva Patel Seva Samaj Trust (2014) 42 taxmann.com 181 (Gujarat)       SERVICE TAX SECTION 65(27) COMMERCIAL TRAINING OR COACHING SERVICES - STAY ORDER Sale of CD ROMs containing "live virtual class" provided to enhance skill or impart knowledge on certain subjects to buyers of CDs and imparting "online learning/e-learning" to certain customers not covered under Commercial Training or Coaching Services - Sun Microsystems (I) (P.) Ltd. v. Commissioner (LTU), Bangalore (2014) 42 taxmann.com 321 (Bangalore - CESTAT)       SECTION 93 EXEMPTIONS - SERVICE TAX If a co-owned property is rented out by its co-owners to a single person, every co-owner can avail small service provider's exemption separately - Manju Champaklal Bafna v. Commissioner of Service Tax, Ahmedabad (2014) 42 taxmann.com 320 (Ahmedabad - CESTAT)