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. 10(26AAB) : Income of an agricultural produce market committee-Agricultural produce to be given a wider meaning.

ITO v. Fish Poultry & Egg Marketing Committee (2019) 179 DTR 137 / 109 taxmann.com 17 (Delhi)(Trib.)

S. 10(26) : Exemption to member of a Scheduled Tribe-Allowability-Individual vis-a-vis partnership firm-Since partnership firm is not a member of a scheduled tribe-Such firm not entitled to exemption under S. 10(26)-but its partners are eligible for the same. [Art. 366, General Clauses Act, 1897, S. 13]

Hotel Centre Point v. ITO (2019) 182 DTR 297 / 201 TTJ 913 (Gau.)(Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India–Royalty/ Fees for technical services-Access to online database is not royalty/Fees for technical services. [S.9(1) (vii )]

Elsevier Information Systems GmbH v. Dy. CIT(IT) (2019) 180 DTR 147 / 202 TTJ 831 (Mum.)(Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India–Permanent establishment–Liaison office of assessee did not constitute PE-Income is not chargeable to tax in India. [Art. 5]

Nagase and Company Ltd. v. ADIT (2019) 109 taxmann.com 288 / 180 DTR 1 / (2020) 205 TTJ 68 (Mum.)(Trib.)

S. 5 : Scope of total income–Actual income reported cannot be substituted with notional figures. [S. 4, 145(3)]

JCIT v. Flipkart India (P) Ltd. (2019) 73 ITR 392 / 180 DTR 49 (Bang.)(Trib.)

S. 4 : Charge of income-tax–Capital or revenue-Interest subsidy received under TUFS (Technology Up gradation Fund Scheme), is capital in nature.[S. 28(i)]

Vardhman Textiles Ltd. v. DCIT (2019) 183 DTR 477 / 202 TTJ 750 (Chd.)(Trib.)

S. 2(14)(iii) : Capital asset-Agricultural land-Exemption-Village Administrative Officer Confirming Land Agricultural At Time Of Transfer-AO to adjudicate issue afresh after enquiries and verifications with local authorities and of area-Reassessment is held to be valid. [S.10(37), 69, 147, 148]

Anthiah Pancras v. ITO (2019) 76 ITR 50 (Chennai)(Trib.)

S. 223 : Collection and recovery – Tax Recovery Officer – Charge over property – Attachment of property under Schedule II- Unless there is preference given to the Crown debt by a statute, the dues of a secured creditor have preference over Crown debts- As a charge over the property was created much prior to the notice issued by the TRO under Rule 2 of Schedule II to the Act and the sale of the property was pursuant to the order passed by the DRT, the sale is valid . [ S.222 ]

Connectwell Industries Pvt. Ltd. v. UOI ( 2020) 424 ITR 18/ 187 DTR 393/ 313 CTR 601 / 272 Taxman 1 (SC) www.itatonline.org

S. 220 : Collection and recovery – Assessee deemed in default – Strictures – Tax recovery – Stay – Gross suppression and misstatement, which led to a false projection of the outstanding liability due from the petitioner -Sought adjournment before CIT(A) without seeking modification of earlier order – Cost of Rs 5 lakh imposed -Petition is dismissed .[ S.220(6) Art .226 ]

Indus Tower Ltd. v. ACIT (Delhi)(HC), www.itatonline.org Editorial : The Supreme Court has stayed recovery of the demand ,Indus Tower Ltd. v. ACIT (SLP No 9011/2020 dt 6-03 -2020) (SC)

S. 69: Undisclosed investments – Bogus capital gains – Penny stocks- Explanation is not sufficient to discharge the liability – Addition is restricted to 30% with a rider that same shall not be treated as a precedent in any other assessment year. [ S.10 (38), 45, 68 143(3) ]

Neha Chowdhary v. ITO (SMC) (Kol)(Trib), www.itatonline.org