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. 9(1)(vii):Income deemed to accrue or arise in India – Fees for technical services – Inspection charges – Not liable to deduct tax at source -DTAA-India – Indonesia [S.195 , Art. 12 ]

Hind Energy & Coal Benefication (India) Ltd. v. ITO (IT & TP) (2019) 179 ITD 388 (Indore) (Trib.)

S. 9(1)(i): Income deemed to accrue or arise in India – Business connection – Non-resident – Import of coal- No business connection- Income cannot be deemed to have accrued or arose in India in transaction of export of coal to assessee in India- Not liable to deduct tax at source-OECD Model convention , Art 7 . [ S.195, 201 (1) 201(IA) ]

Hind Energy & Coal Benefication (India) Ltd. v. ITO (IT & TP) (2019) 179 ITD 388 (Indore) (Trib.)

S. 268A : Appeal-Monetary limits-CBDT Circular No. 17/2019, dated 8-8-2019 revising/enhancing minimum threshold limit to tax effect of Rs. 50 lakhs would also be applicable to pending appeals before Tribunal. [S. 253]

ACIT v. Samsung Data Systems India (P.) Ltd. (2019) 179 ITD 229 (Delhi)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Power of enhancement Not competent to enhance assessment by taking an income which income was not considered expressly or by necessary implication by AO. [S. 45, 54F, 68, 147]

Hari Mohan Sharma v. ACIT (2019) 179 ITD 310 (Delhi)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)–Duties-CIT (A) has to pass a speaking order after appreciation of facts–Matter remanded. [S. 5]

Fujitsu Consulting India (P.) Ltd. v. ACIT (2019) 179 ITD 278 (Delhi)(Trib.)

S. 194B : Deduction at source-Winning from lottery–Lucky draw price coupons-Gratuitous distribution without any price being paid by customers-Not lottery–Not liable to deduct tax at source . [S. 2(24 ) (ix), 115BB]

Rajmohan V.V., Kumbalappalli. v. ITO (2019) 179 ITD 288/ ( 2020) 193 DTR 189/ 206 TTJ 629 (Cochin)(Trib.)

S. 159 : Legal representatives – Assessment-Assessee is not the legal heir of the deceased – Assessment is held to be bad in law .[ S.142(1), Hindu Succession Act, 1956,S 8, 15 ]

ITO v. Rathindranath Bhattacharya. (2019) 179 ITD 349 (Kol.)(Trib.)

S. 68 : Cash credits–AIR information-TDS difference and reconcile income–Addition cannot be made as cash credits. [S. 194J Form, 26AS]

TUV India (P.) Ltd. v. DCIT (2019) 75 ITR 364 / 179 ITD 238 / (2020) 191 DTR 246/ 204 TTJ 192(Mum.)(Trib.)

S. 68 : Cash credits–Share transactions–Accommodation entries-Unaccounted money-denial of exemption is held to be justified. [S. 10 (38), 45]

Satish Kishore. v. ITO (2019) 179 ITD 333/(2020) 203 TTJ 749 / Nawal Kishore v. ITO ( 2019 ) 179 ITD 333/ ( 2020) 203 TTJ 749 (Delhi)(Trib.)

S. 54F : Capital gains-Investment in a residential house–Payments towards purchase of house property-Deduction is available up to date of filing of return of income prescribed u/s. 139(4). [S. 45, 139(1), 139(4)]

Vatsala Asthana (Smt.) v. ITO (2019) 179 ITD 297 (Delhi)(Trib.)