Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Rampgreen Solutions P. Ltd. v. Dy. CIT (2023)108 ITR 392 (Delhi)(Trib) Dy. CIT v. CLP India.P. Ltd (2023) 108 ITR 248 (Ahd)(Trib)

S.14A : Disallowance of expenditure-Exempt income-Investments not yielding exempt income to be excluded in computing disallowance — Disallowance to be restricted to exempt income earned.[R.8D]

Sangit Kala Kendra v. ITO (E) (2023)108 ITR 63 (Trib) (SN)(Mum)(Trib)

S. 11 : Property held for charitable purposes-Depreciation —No double deduction claimed-Disallowance of depreciation is to be reversed.[S.11(6), 12A]

Asst. DIT (E) v. Maharshtra Samaj (2023) 108 ITR 657 (Mum) (Trib)

S. 11 : Property held for charitable purposes-Depreciation — No capital expenditure claimed in earlier years — Depreciation is allowable. [S. 2(15), 11(1)(a), 32]

Devendra Mehta v.Dy. CIT (2023)108 ITR 6 (Jabalpur) (Trib)

S. 10(10AA) : Leave salary-Employee of the Central Government or State Government-Originally employed by Government but retiring from service of Government undertaking-Whether Entitled To Full Exemption — Matter remanded to Assessing Officer-CIT(A) has the power to entertain fresh claim which is not made in the return.[S. 143(1), 250]

Mosdorfer Gmbh v.Asst. CIT (IT) (2023)108 ITR 44 (SN)(Delhi) (Trib)

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Not adding any value to laboratory report but acting as medium to procure report from laboratory having higher credibility — Not fees for technical services.

Software One Pte. Ltd. v.Asst. CIT (IT) (2023)108 ITR 464 (Delhi)(Trib)

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Income from software sales and support services — Addition is deleted-DTAA-India-Singapore.[art. 12(4)]

Mosdorfer Gmbh v. Asst. CIT (IT) (2023)108 ITR 44 (SN)(Delhi) (Trib)

S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-Permanent Establishment —Attribution of profit is without any basis.

Krones Aktiengesellschaft v. Dy. CIT (IT) (2023)108 ITR 705 (Delhi) (Trib)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Dependent agency permanent establishment — Remunerated by the assessee for commission activities on arm’s length basis, no further attribution was required. The Assessing Officer was directed to delete the addition.

ITO v. Umed Meghraj Jain (2023)108 ITR 58 (SN) (Ahd) (Trib)

S. 4 : Charge of income-tax-Block of assets-Assessee reducing Block of assets from item and claimed depreciation on reduced Block of asset — Addition is not sustainable.[S. 2(11)]

Dy. CIT v. National Highways And Infrastructure Development Corp India (2023)108 ITR 21 (SN)/2024) 204 ITR 1/ 227 TTJ 1 (UO) (Delhi)(Trib)

S. 4 : Charge of income-tax-Interest received on deposits in Consolidated fund of India-Not chargeable to tax-Directed the Assessing Officer to verify the facts.[S.143(3)]