Author: ksalegal

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Prime Urban Development India Ltd. v. ACIT (2025) 305 Taxman 58 (Mad)(HC)

S. 32 : Depreciation-Unabsorbed depreciation from assessment year 1999-2000 could be set off against long term capital gains for assessment year 2002-03-Matter remanded.[S. 32(2), 72, 154, 260A]

PKS Holdings v. PCIT (2025) 305 Taxman 253 (SC) Editorial : PCIT v. PKS Holdings (2022) 145 taxmann.com 195 (Cal)(HC)

S. 28(i) : Business loss-Derivatives arising from future option-set-off of this loss against profit earned from sale of a land along with development rights-Controversy settled under Direct Tax Vivad Se Vishwas Scheme, 2024-SLP dismissed as infructious. [Art. 136]

CIT v. Hazira LNG (P.) Ltd. (2025) 305 Taxman 560 (SC) Editorial : CIT v. Hazira LNG (P.) Ltd (2025) 175 taxmann.com 536 (Guj)(HC)

S. 28(i) : Business income-Foreign exchange fluctuation gain-Delay of 825 days-Delay was not satisfactorily explained-SLP of revenue dismissed. [Art. 136]

DBS Bank India Ltd. v. Commissioner Hindu Religious and Charitable Endowments Department (2025) 305 Taxman 584 (Mad)(HC)

S. 23 : Income from house property-Annual value-Arreras of rent-No retrospective fixation of fair rent-Orders increasing fair rent for year 2019 and for year 2022 were passed only on 24-1-2024, when lease had ended between parties, only arrears need to be determined-Common practice and also laid down in Government Order that 15 per cent increase can be made for every three years-In best interest of resolving dispute between parties, a reasonable 15 per cent increase shall be taken and calculated and submissions made to contrary shall be rejected.[S. 22, Art. 226]

PCIT v. Astrotech Steels (P.) Ltd. (2025) 305 Taxman 429 (Mad)(HC)

S. 10AA : Special economic zones-Failure to file audit report in Form 56F along with the return-Rectification application-Assessee had duly fulfilled substantial requirement as well as procedural requirement, though there was a minor technical breach in fulfilment of procedural requirement, delay in filing Form 56F would not be fatal to substantive claim of assessee-Order of tribunal affirmed.[S. 143(1), 154, 260A, Form 56F]

CIT (IT) v. Goodrich Corporation (2025) 305 Taxman 518 (Delhi)(HC)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Repair and maintenance services of aircraft equipment to Indian airline operators-Services did not involve any transfer of technology, know or skill-Receipts are not taxable as FTS-DTAA-India-USA [Art. 12(4)]

CIT (IT) v. Coursera Inc (2025) 305 Taxman 269 (Delhi)(HC)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Global online learning platform-Online courses and degrees from universities, companies-Receipts are not taxable as fees for included services (FIS)-DTAA-India-USA.[Art. 12]

CIT (IT) v. Communication Global Network Services Ltd.(2025) 305 Taxman 559 (SC) Editorial : CIT (IT) v. Communication Global Network Services Ltd.(2025) 175 taxmann.com 745 (Karn)(HC)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Payments made to non-resident telecom operators-Telecommunication service provider, for providing interconnect services and transfer of capacity in foreign countries-Not chargeable to tax as royalty-Not liable to deduct tax at source-SLP of revenue dismissed-OECD Model Convention, Art 12. [S.195]

Chennai Corporate Club (P) Ltd. v. ACIT (2025) 305 Taxman 433 (Mad)(HC).

S. 4 : Charge of income-tax-Non-refundable one time life membership fee received by club from members-Capital receipt.[S.28(i)]

CIT v. Pandit Vettrivel (2025) 305 Taxman 645 (Mad)(HC)

S. 2(14)(iii) : Capital asset-Agricultural land-adventure in nature of trade-Capital gains-Business income. [S. 10(37), 28(i), 45, 260A]