Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Aman Kumar Jain v. ITO (Delhi)(Trib.) (UR)

S. 10(13A) : House rent allowance-Rent paid by husband to his wife-house was registered in wife’s name-Rental income was shown by wife in ITR-Deduction of house rent allowance is allowable as deduction.

Mulberry Textiles LLP v. ITO (2023) 200 ITD 244 / 226 TTJ 573 (SMC)(Bang)(Trib)

S. 10(2A) : Share income of partner-The Limited Liability of Partnership,(LLP) being a distinct person from its partners can become a partner in a partnership firm and is also eligible to claim the exemption. [S. 2(23), Indian Partnership Act, 1932 ,S. 4,25,26,49, Limited Liability of Partnership ,Act, 2008,S.. 14,General Clauses Act, 1897, 3(42)]

Dy. CIT v. Wahid Sandhar Sugars Ltd. (2023)104 ITR 60 (SN)(Delhi) (Trib)

S. 10(1) : Agricultural income —Business of manufacture and sale of sugar-Income from cultivation of sugarcane seeds treated in earlier years as agricultural income-Exempt from tax.

Relx Inc. v. ACIT (2023) 149 taxmann.com 78 / 103 ITR 54 (SN)(Delhi) (Trib)

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Non-resident-Subscription fees receipt from India – Online Database-Not taxable in absence of permanent establishment in India-DTAA-India-USA .[S.9(1)(i), Art. 7]

Panasonic Holdings Corporation v Dy. CIT (2023)101 ITR 5 (SN.)(Delhi) (Trib)

S. 9(1)(vii): Income deemed to accrue or arise in India-Fees for technical services – Reimbursement of salaries paid to employees-Employees were high level technical executives-Payments fell under technical services-Tax deducted at source not relevant-Payment taxable. [Explanation. 2]

Uptodate Inc. v. Dy. CIT (IT) (2023) 150 taxmann.com 231 /105 ITR 707 (Delhi)(Trib)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty Granting access to database and earning subscription fee-Income not taxable in India-DTAA-India-USA. [Art. 12(3)]

Grace Associates v .UOI ( Bom )( HC) www.itatonline .org

. 237 : Refunds – Failure to issue refunds – Alleged “due to system issue “ – Negligence of the officers – Court directed the Officer to credit the amount of the refund to the account of the petitioner not later than 10.30a.m on 30 th April 2024 , along with accumulated interest under section 244A of the Act , up to 29 th April , 2024 .[ S. 244A , Art. 226 ]

Sunil Pran Sikand v. ACIT (2024)466 ITR 770 /164 taxmann.com 751 ( Bom)( HC) www. itatonline.org

S. 45: Capital gains – Consideration received for subsequent granting of development as per the commitment letter for granting permission to right for uploading TDR is assessable as long term capital gains and not as income from other sources – Substantial question of law raised first time before the Honourable High in an appeal filed by the assessee is admitted by the Honourable High Court . [ S. 56 , 260A ]

Dy. CIT (IT) v. Co-Operative Rabobank U. A. (2023) 152 taxmann.com 295 / 103 ITR 89 (SN)/ 223 TTJ 911(Mum) (Trib)

S. 9(1)(v) : Income deemed to accrue or arise in India – Interest-Bank is a subsidiary of Netherlands company — Interest paid by Indian branch not taxable in hands of head office or overseas branches — Change of law with effect from 1-4-2016 not be applicable prior to ay 2016-17-DTAA-India-Netherlands [Art. 11(2)]

Credit Suisse AG v. DCIT (2023) 103 ITR 38 (Trib) (SN) (Mum)(Trib)

S. 9(1)(v) : Income deemed to accrue or arise in India – Interest-Hypothetical independence of PE and the head office cannot be extended to computation of profit of the head office and the same is restricted only for computation of profit attributable to PE-DTAA-India – Switzerland.[Art. 7(2), 11]