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
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S. 10B : Export oriented undertakings-Computer software-Export of customized electronic data relating to engineering and design-Entitled to exemption. [S. 10BB]

327 / 205 DTR 153 (Karn.)(HC) CIT v. GE India Technology Centre Pvt. Ltd. (2021) 435 ITR 327/ 205 DTR 153 (Karn.)(HC)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Premium paid was for imparting commercial information and knowledge and was royalty both under Act and under DTAA-Premium payment could not be treated as fees for technical services-India-Brazil. [S. 5, 9(1)(vii), Art. 12(3)]

ON Mobile Global Ltd., In Re (2021) 435 ITR 403 (AAR)

S. 4 : Charge of income-tax-Income or capital-Sale of Carbon Credits-Capital receipt-No cost of acquisition of production to get entitlement Not assessable under any head of income. [S. 28(i), 56]

PCIT v. Arun Textiles Pvt. Ltd. (2021)435 ITR 273 (Mad.)(HC) CIT v. VMD Mills Pvt. Ltd. (2021) 435 ITR 316 / 280 Taxman 384 (Mad.)(HC) CIT v. Vedha Spinning Mills Pvt. Ltd. (2021) 435 ITR 687/281 Taxman 288 (Mad.)(HC)

The Direct Tax Vivad Se Vishwas Act, 2020.

S.3: Amount payable by declarant – Search cases – Enhanced rate of tax – Assessment – Income of any other person – No evidence that assessee was involved in alleged bogus transaction – Enhanced rate of tax could not be levied . [ S.4,5 ]

Bhupendra Harilal Mehta v. PCIT (2021)435 ITR 220/ 201 DTR 89/ 320 CTR 483 (Bom) (HC)

Direct Tax Vivad Se Vishwas Act, 2020

S. 2(b): Appellate forum- Tribunal remanded the matter – Pendency of appeal before CIT (A) on specified date – Rejection of order is held to be unsustainable [ S.246A, 253, Art, 226 ]

Nalwa Investments Limited v. PCIT (2021)435 ITR 577 / 282 Taxman 221 / 323 CTR 81/ 207 DTR 28(Delhi) (HC)

Direct Tax Vivad Se Vishwas Act, 2020

S. 2(b): Appellate forum- Disputed Tax—Pendency of appeal — Declaration cannot be rejected on ground that assessee had offered an amount for taxation – The rejection of the declaration under the 2020 Act was not valid. [ S. 2 (j) ]

Govindrajulu Naidu v. PCIT (2021)435 ITR 703/ 201 DTR 241/ 320 CTR 673/ 280 Taxman 392 (Bom)(HC)

Wealth Tax Act, 1957

S.17 : Wealth escaping assessment – Reassessment — Concealment of assets or furnishing of inaccurate particulars — Penalty —Provisions in pari materia with provisions of Income-Tax Act, 1961 —Law laid down by Supreme Court in Income-tax Matter is applicable to wealth tax proceedings – Natter remanded to pass speaking order . [ S.17(1), 18(1)(c), ITAct , S.147, Art , 226 ]

Bharani Hospitals Pvt. Ltd. v. ITO (2021)435 ITR 107/ 204 DTR 397 / 322 CTR 719 (Mad) (HC) Bharani Hospitals Pvt. Ltd. v. ITO (2021)435 ITR 107/ 204 DTR 397 (Mad) (HC)

Wealth-Tax Act, 1957

S. 7 : Value of assets – Assets seized – Possession of revenue Authorities — Value of assets cannot be included in net wealth- The court directed that the Department shall forthwith release 85,617 grams of gold, jewellery, cash and other valuable articles as per the panchanama and hand it over to the petitioners being the legal heirs of the assessee [ S.7(1) , ITAct , S.132 ]

Nirajkumar N. Rungta v. CWT (2021)435 ITR 179/ 201 DTR 289/ 320 CTR 289 (Bom) (HC)

S. 147 : Reassessment – Bogus purchases – Information must be reliable and there must be some evidence to believe that purchases are bogus- Reassessment was quashed . [ S.148 ]

Dove Consultants Pvt. Ltd v. DCIT ( Delhi ) ( Trib) . www.itatonline .org

S. 147 : Reassessment –Reasons recorded are different than the reasons supplied – Reassessment was quashed. [ S. 148 ]
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Jansampark Advertising & Marketing v. ITO ( Delhi ) ( Trib ) www.itatonline .org .