S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Sale of telecom equipment’s i.e. mobile handsets-Supply of articles or goods-Not taxable as royalty-DTAA-India-China. [S. 9(1)(i), Art, 12]
CIT(IT) v. ZTE Corporation (2021) 130 taxmann.com 128 (Delhi) (HC) Editorial : SLP of revenue dismissed, CIT(IT) v. ZTE Corporation (2021) 282 Taxman 304 (SC)/ Review petition is dismissed, CIT (IT) v. ZTE Corporation (2024) 296 Taxman 571 (SC)
Digest of case laws
Online digest of latest case laws
This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
Click here to download the pdf versions of the Digest of case laws S. 4 : Charge of income-tax-Carbon credit-Business of generation of electricity-Capital receipts-Not taxable. [S. 28(i)]
CIT v. Tamil Nadu Newsprint & Papers Ltd. (2021) 282 Taxman 350 (Mad.)(HC)S. 4 : Charge of income-tax-Real income-Mere receipt is not sufficient-Subsidiary of a Government Company-Money belongs to central Government-Not assessable as income. [S. 2(24)]
Brahmos Aerospace Thiruvananthapuram Ltd. v. ACIT (2021) 438 ITR 91/ 208 DTR 185/ 323 CTR 922 (Ker.)(HC)S. 2(22)(e) : Deemed dividend-Commercial transaction-personal properties as collateral to bank borrowings-Amount received as advance for purchasing property-Not assessable as deemed dividend.
CIT v. N.S. Narendra (2021) 282 Taxman 198 (Karn.)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Purchase and sale of shares-Bogus sales-Possible view-Revision was quashed. [S. 68]
Hill Queen Investment (P.) Ltd. v. PCIT (2021) 189 ITD 139 (Kol.) (Trib.)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Co-Operative Societies-Interest from Co-operative banks-Deduction-Possible view-Revision is held to be not valid. [S. 80P(2)(d)]
Bardoli Vibhag Gram Vikas Co-Op. Credit Society Ltd. v. PCIT (2021) 189 ITD 601 (Surat)(Trib.)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Loans and advances-Order was passed due verification-Revision was held to be not valid. [S. 69A]
Nilkanth Stone Industries v. PCIT (2021) 189 ITD 718 (Surat) (Trib.)S. 263 : Commissioner-Revision of orders prejudicial to revenue-No expenditure claimed-Added to work in progress-No prejudice to revenue-Revision was held to be not valid. [S. 145]
Kaushikbhai P. Patel v. PCIT (2021) 88 ITR 20 (SN) (Ahd.)(Trib.)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Draft assessment order was prepared and served-It is not open to the Assessing Officer to revisit the draft assessment order-Revision is held to be valid. [S. 92C, 144C(3)]
Galaxy Surfactants Ltd. v. ACIT (2021) 190 ITD 741 / 88 ITR 39 (SN) / 211 TTJ 858 / 201 DTR 381 (Mum.)(Trib.)S. 148 : Reassessment-Notice-Information from Investigation wing-Bogus long term and Short term capital gains-Reasons for reopening was not supplied-Directed to supply reasons for reopening-Directed to pass in accordance with law-Matter remanded. [S. 69B, 147]
Jitender Kumar Gupta (HUF) v. ACIT (2021) 189 ITD 714 (Hyd.) (Trib.)