Author: ksalegal

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Cosmo Films Ltd. v. CBDT (2019) 265 Taxman 102 (Mag.)(Delhi)(HC)

S. 10AA : Special economic zones-Computation of profits and gains of eligible unit for grant of deduction would be independent of computation of profits and gains of ineligible unit-Permitted to carry forward losses of its ineligible unit-Amendment to section 10AA takes effect only from 1-4-2018-Direction is issued to the respondent to either accept the manual return of the assessee or alter the software to permit it to again file online its returns claiming the carry forward of losses of its ineligible unit for the assessment years in question. [S. 72]

CIT v. Intel Technology India (P.) Ltd ( 2019) 107 Taxmann.com 461/ 265 Taxman 240 (Karn.) (HC). Editorial: SLP of revenue is dismissed, CIT v. Intel Technology India (P.) Ltd. (2019) 265 Taxman 239 (SC)

S. 10A : Free trade zone-Total turnover-Expenses excluded from export turnover were also to be excluded from total turnover.

CIT v. MSM Satellite (Singapore) Pte. Ltd. (2019) 265 Taxman 376/ 180 DTR 13/(2020) 313 CTR 102 (Bom.)(HC)

S. 9(1) : Income deemed to accrue or arise in India–Business connection-Royalty-Broadcasting services – Subscription-TV channel operator from customers-Receipt was not for transfer of any copyright in literary, artistic or scientific work-Cannot be categorized as royalty income-International taxation-DTAA-India –Singapore [S.9(1) (vii), Copy Right Act 1957, S. 2(y), 14, 37 Art,5, 12]

CIT v. Sistema Shyam Teleservices Ltd. (2019) 260 Taxman 402 (Delhi) (HC) Editorial : SLP of revenue is dismissed, PCIT v. Sistema Shyam Teleservices Ltd. (2019) 265 Taxman 549 (SC)

S. 5 : Scope of total income-Untilized amount on prepaid card at end of year which was treated as advance in balance-sheet and recognized as a revenue receipt in subsequent year, when talk time was actually used or was exhausted-Addition cannot be made – Order of Tribunal is affirmed. [S. 145].

CIT v. Glenmark Pharmaceuticals Ltd ( 2019) 417 ITR 479/ 260 Taxman 249 ( Bom) (HC)

S. 80IC : Special category States -Allocation of expenditure- Remanding the matter to the AO- No substantial question of law . [ S.254(1) ,260A ]

India Convention and Culture Centre Pvt. Ltd. v. ITO ( 2019) 75 ITR 538(Delhi)(Trib), www.itatonline.org

S. 56 : Income from other sources – Valuation of shares- substantiation of the fair market value on the basis of the valuation done by the assessee simply cannot be rejected where the assessee has demonstrated with evidence that the fair market value of the asset is much more than the value shown in the balance sheet. [ S.56(2) (viib) , R.11UA ]

PCIT v. Colour Roof (India) Ltd.(Bom)(HC),www.itatonline.org

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Waiver of loan- Cannot be assessed as cessation of liability or as business income .[ S.28(iv) ]

PCIT v. Pat Commodity Service Pvt. Ltd. (Bom)(HC), www.itatonline.org

S.28(i): Business income- Client code modification-(CCM )- Shifting of profits- Addition as income on the basis of alleged doubtful transaction is held to be not valid – Deletion of addition b the Tribunal is affirmed . [ S.69, 143(3) ]

CST v. Crescendo Associates ( Bom) (HC) www.itatonline.org CST v. Shri Krishna Chaitanya Enterprises ( Bom)(HC) www.itatonline.org CST v. Green Valley Developers( Bom) (HC) www.itatonline.org , CST v Kumar Rathi ( Bom) (HC) www.itatonline.org

Goods and service tax. Finance Act 1994

S. 65: Builder- Collection of non refundable deposits – Not liable to collect service tax .

Oracle Financial Services Software Ltd. v. DCIT (Bom)(HC), www.itatonline.org

S. 220 : Collection and recovery – Assessee deemed in default –Pendency of appeal before CIT(A)- Stay of demand – The power of the AO to review the situation every six months, would not authorize him to lift the stay previously granted after full consideration and insist on full payment of tax without the assessee being responsible for delay in disposal of the appeal or any other such similar material change in circumstances.[ S.220(6) , 254(2A) ]