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. 144B : Faceless Assessment-Natural justice-Stay of demand-Order was passed before expiry of date mentioned in the show cause notice. [S. 156, 271AAC(1), Art. 226]

BL Gupta Construction (P.) Ltd. v. National E-Assessment Centre (2021) 280Taxman 306 (Delhi)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Provision on account of commission payment to an agent-Accepted in earlier years-Deletion of disallowance is held to be justified.

CIT v. Telco Construction Equipment Co. Ltd. (2021) 280 Taxman 78 / 203 DTR 49/ 322 CTR 458 (Karn.)(HC)

S. 37(1) : Business expenditure-Consultancy fees-Studying and preparing a strategy to reduce cost of production-Allowable as revenue expenditure.

CIT v. Telco Construction Equipment Co. Ltd. (2021) 280 Taxman 78 / 203 DTR 49/ 322 CTR 458 (Karn.)(HC)

S. 37(1) : Business expenditure-Provision for wage arrears-Allowable as deduction. [S. 28(i), 145]

CIT v. Metropolitan Transport Corp. (Chennai) Ltd. (2021) 280 Taxman 249 (Mad.)(HC)

S. 37(1) : Business expenditure-Manufacturer of sports products-Advertisement-Training to pace bowlers-Allowable as business expenditure.

MRF Ltd. v. Dy. CIT (2021) 280 Taxman 439 (Mad.)(HC)

S. 28(va) : Business income-Compensation received for refraining from carrying on competitive business-Capital receipt-Prior to 1-4-2003. [S. 4]

CIT v. M. Ranjan Rao (2021) 280 Taxman 59 (Mad.)(HC)

S. 12AA : Procedure for registration-Trust or institution-Capitalisation fee-Misuse of funds-Cancellation of registration is held to be valid. [S. 11, 12, 12A, 12AA(3), Art. 226]

Vellore Institute of Technology v. CIT (2021) 436 ITR 483 / 201 DTR 385 / 320 CTR 799 / 280 Taxman 402 (Mad.)(HC)

S. 11 : Property held for charitable purposes-Depreciation-Application of income-Entitle to claim depreciation. [S. 32]

CIT v. Kovai Medical Centre and Educational Trust (2021) 280 Taxman 239 (Mad.)(HC)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Offshore supply of equipments-Transferred outside India and entire sale was executed outside India-Revenue received therefrom was not to be taxed in India-Basic engineering design services were intrinsically in respect of setting up of Butane-1 plant and same were rendered through project office of assessee in India, consideration received in respect of said basic engineering design services was liable to tax in India as business income of PE of assessee-DTAA-India-France. [Art. 7(1), 12]

Technip Frances SAS, In re (2021) 280 Taxman 117 (AAR)

S. 2(22)(e) : Deemed dividend-Loans and advance-Provision is applicable-Matter remanded to Tribunal to decide on merit. [S. 260A]

PCIT v. Gladder Ceramics Ltd. (2021) 280 Taxman 446 / ( 2022) 440 ITR 459 (Guj.)(HC)