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-Manufacture or production-Providing contract research services in field of molecular biology and synthetic chemistry-Eligible for exemption.

PCIT v. Syngene International Ltd. (2021) 279 Taxman 364 (Karn.)(HC)

S. 10A : Free trade zone-losses of unit eligible for deduction were already set-off against other business income-Such losses could not be again carried forward and set-off against eligible profits of same unit in subsequent year-Computer software sales made to STP/SEZ units would not be excluded from export turnover for computing deduction under section 10A/10AA-VAT/GST would not be excluded from export turnover and total turnover for computing deduction under section 10A/10AA. Tribunal could not exclude 80 per cent of uplinking charges from turnover when such exclusion was already limited to 5 per cent of telecommunication charges while computing deduction under section 10A. [S. 10AA]

Wipro Ltd. v. Addl. CIT (2021) 279 Taxman 203 (Karn.)(HC)

S. 10(10C) : Public sector companies-Voluntary retirement scheme-Exemption not claimed in the return-Exemption claimed on the basis of judgement of supreme Court-Exemption was allowed-Order shall not be cited as precedent. [S. 143(3), 264, Art. 226]

Gopalbhai Babubhai Parikh v. PCIT (2021) 436 ITR 262 / 279 Taxman 464 (Guj.) (HC)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Sale of software-Not royalty-DTAA-India-UK. [Art. 13]

CIT(IT) v. Micro Focus Ltd. (2021) 279 Taxman 242 (Delhi)(HC)

S. 276D : Offences and prosecutions-Failure to produce books of accounts-Documents-Three separate complaint were part of same transaction-Clubbing of complaints and joint trail was allowed [S. 276C(1), 277, Code of Criminal Procedure, 1973, S. 200]

Paraminder Singh Kalra v. CIT (2020) 429 ITR 577 / 196 DTR 433 / 318 CTR 211 / (2021) 279 Taxman 316 (Delhi)(HC)

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Mere failure to pay income tax based on self assessment would not constitute offence-Proceedings was quashed. [S. 27C(2), 276CC, 278E]

Forzza Projects (P.) Ltd. v. PCIT (2021) 279 Taxman 459 (Ker.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Under-invoicing-Justice Shah Commission report-Notice based on reports of Serious Fraud Investigation Office (SFIO)-Assessment was completed without proper inquiries-Revision is held to be justified, it was competent for Commissioner to invoke revisional jurisdiction and direct fresh assessment.

Vedanta Ltd. v. CIT (2021) 279 Taxman 358 (Bom.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Scientific research-100 per cent EOUs-Expenditure on R&D claimed under section 35(2AB) had no connection whatsoever with 100 per cent EOUs-Revision is held to be not valid. [S. 10B, 35(2AB]

CIT v. Bosch Ltd. (2021) 279 Taxman 422 (Karn.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Business income or capital gains-Revision is held to be not justified. [S. 28(i), 45]

K. R. Satyanarayana v. CIT (2021) 279 Taxman 175 (Karn.)(HC)

S. 254(1) : Appellate Tribunal-Duties-Transfer pricing-Arm’s length price-Method for determination of Berry ratio-Tribunal had not given its own reasons for upholding said order of TPO, its order was to be set aside and matter was to be remanded. [S. 92C]

Socomec Innovative Power Solutions (P.) Ltd. v. Dy. CIT (2021) 279 Taxman 351 (Mad.)(HC)