Author: ksalegal

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State Bank of India v .ACIT ( 2021) 123 taxmann.com 447 ( Mum) (Trib)

S. 192 : Deduction at source – Salary – Leave travel allowance – Failure to deduct at source – Travel to foreign country and as well as to destinations in India in a composite itinerary -Cannot be considered as assessee in default for failure to deduct tax at source [ .S.10(5) ]

DIT v. Autodesk Asia Pvt Ltd ( 2020) 275 Taxman 319/ 120 taxmann.com 324 / ( 2021) The Chamber’s Journal – February -P. 167 ( Karn) (HC)

S. 90 :Double taxation relief – Notification dated 18 -7 -2005 – Reducing the tax rate from 15% to 10% – Applicable for the entire year – DTAA- India – Singapore [ Art . 12 ]

Maninder Singh v. ACIT ( 2021) BCAJ- February -P.47 ( Delhi) (Trib)

S. 56 : Income from other sources – Award received in recognition of services to Indian Cricket From BCCI is exempt [ S. 12AA,56(2))(vii) ]

PCIT v.Dr. Ranjan Pai ( 2021) The Chamber’s Journal – February – P. 168 ( Karn) (HC)

S. 56 : Income from other sources – Bonus shares – Fair market value of the bonus shares computed as per Rule 11U and IIUA of the Income -tax Rules cannot be assessed as income from other sources [ S.56(2)(vii)(c )]

Ranchodbhai C.Patel v.ITO ( 2021) 186 ITD 523/ 123 taxmmann.com 215 ( Surat ) (Trib)

S. 55A : Capital gains – Reference to valuation officer – Finance Act, 2012 , w.e.f 1-7 2012 –Value as on 1 -4-1981 – Less than fair market value – Operates prospectively [ S.45 ]

Maria Fernandes Cheryl v. ITO ( 2021) BCAJ – February – P. 47 ( Mum) (Trib)

S. 50C : Capital gains – Full value of consideration – Stamp valuation – Insertion of the proviso and subsequent enhancement in its limits to 10% – Curative in nature – Relates back to the date when the statutory provision of section 50C was enacted . i. e . 1 st April , 2003 [ S.43CA, 45, 56 ]

ACIT v. Indian Broadcasting Foundation ( 2021) 186 ITD 241 /122 taxmann.com 123 ( Delhi) (Trib)

S. 11 : Property held for charitable purposes – Funds in equity of a non profit company to carry on its objectives more effectively on account of Central Government policy – Denial exemption is not justified . [ S. 11(5) , 12 , 12AA, 13(1)(d), Companies Act , 1956 , S. 25 ]

Mistral Solutions Pvt Ltd v .DCIT ( 2021) 123 taxmann.com 125 / 200 DTR 140( Bang) (Trib)

S. 10A : Free trade zone – Unabsorbed losses – Assessing Officer cannot reject the claim allowable under law even if it was not claimed in the return [ S. 32 (2), 72, 139(1),154 ]

Pharez Johan Abraham ( Dead) by Legal Representatives v. Arul Jothi Sivasubramaniam K . & Ors ( 2020) 13 SCC 711

Indian Succession Act , 1925

S. 32 : Devolution of such property – Partition-Family and Personal Laws – Relinquishment of right – Accepting money and ornaments in lieu of share in family property – Not entitle to claim share in family property thereafter [ S. 33 ]

Bejan Singh Eye Hospital Pvt. Ltd. and Ors. v. IT Department (2020) 428 ITR 206 (Mad.)(HC)

S. 276C : Offences and prosecutions-Willful attempt to evade tax- Delay in payment of tax-Admission of liability in return and subsequent payment of tax-Criminal proceedings quashed. [S. 276(2)]