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. 115JB : Book profit – Power generating company –Additional ground – Provision is not applicable .[ S. 254(1) ]

CIT v. Karnataka Power Corporation Ltd. (No. 2) (2021)436 ITR 292 / 281 Taxman 600 (Karn) ( HC)

S. 115A : Foreign companies – Tax – Royalty –Entitled to adopt rate of tax payable on royalty income in respect of both agreements entered into before 1-6-2005 as on or after 1-6-2005 as per provisions of section 115A(1)(b) or provisions of Article 12 of Indo-US DTAA, which were more beneficial- DTAA -India -USA [ S.90 , Art , 12 ]

CIT (IT) v. IBM World Trade Corporation (2021) 281 Taxman 265 (Karn.) (HC)

S. 80P : Co-operative societies – Credit society – Credit facility to its members – Exemption allowable [ S.80P(2)(a)(i) ] S. 80P : Co-operative societies – Credit society – Credit facility to its members – Exemption allowable [ S.80P(2)(a)(i) ]

PCIT v. Quepem Urban Co-Operative Credit Society Ltd. (2021) 438 ITR 631 /281 Taxman 245 / 203 DTR 141 (Goa) (Bom.) (HC)/VPK Urban Co-Operative Credit Society Ltd. (2021) 438 ITR 631 / 203 DTR 141 / 281 Taxman 245 (Goa ) (Bom) (HC)

S. 49 : Capital gains – Previous owner – Cost of acquisition – Indexation – Inheritance – Indexed cost of acquisition has to be computed with reference to year in which previous owner first held asset and not year in which assessee became owner of asset- Property outside India – Entitled to exemption under section 54 where investment in purchase of flat outside India was prior to 1-4-2015 entitled to exemption under section 54 where investment in purchase of flat outside India was prior to 1-4-2015 [ S. 2(42A, )45, 48(iii) ,49(1)(iii)(a), 54, 54F ]

CIT v. Saroja Naidu (2021) 281 Taxman 305 (Mad.) (HC )

S. 43(5) : Speculative transaction – Foreign exchange fluctuation – Forward contract- Not speculative in nature – Allowable as revenue expenditure [ S.37 (1) ]

PCIT v. Mphasis Ltd. (2021) 281 Taxman 206 (Karn.) (HC)

S.37(1): Business expenditure – Monetary incentive to its members – Allowable as deduction

Karnataka State Co-op. Apex Bank Ltd v. Dy. CIT (2021) 281 Taxman 2 / 207 DTR 351/ 323 CTR 730 (Karn.)

S.37(1): Business expenditure – Prior period expenditure – Held to be allowable

CIT v. Karnataka Power Corporation Ltd (No. 2) (2021) 436 ITR 292/ 281 Taxman 600 (Karn.) (HC).Editorial: SLP granted to the Revenue , CIT v. Karnataka Power Corporation Ltd ( 2022) 286 Taxman 561 ( SC)

S. 32 : Depreciation -Computer system- Switches and routers- Part of peripherals of computer system- Entitled to depreciation at rate of 60 per cent

PCIT v. Mphasis Ltd. (2021) 281 Taxman 206 (Karn.) (HC)

S. 32 : Depreciation -Additional depreciation – Machinery was put to use for less than 180 days – Balance depreciation of 50% is allowable in subsequent year . [ S. 32(1)(iia) ]

CIT v. Hinduja Foundries Ltd. (2021) 281 Taxman 448 (Mad.)(HC)

S. 28(i) : Business income – Income from house property – letting out building along with other amenities in industrial park- Assessable as income from business [ S. 22 ]

Rao Computer Consultants (P) Ltd. v. Dy. CIT (2021) 281 Taxman 236 (Karn.) ( HC) Rao Computer Consultants (P) Ltd. v. Dy. CIT (2021) 281 Taxman 319 (Karn.) ( HC)