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. 11 : Property held for charitable purposes-Audit report in Form No 10B was filed beyond prescribed date-Application for condonation of delay was not filed-Denial of exemption is not proper-Assessing Officer is bound to consider deduction of expenses debited in Income and expenditure account as allowable-Matter remanded to the Assessing Officer.[11(2), 12AA-119(2)(b), 139(1)]

Shri Jain Shwetamber Murtipujak Sangh v. ITO (E) (2023)104 ITR 58 (SN) (Raipur)(Trib)

S. 11 : Property held for charitable purposes-Not involved in any activities other than charitable-Entitle to exemption. [S.12(2(a) 12AA,143(1)]

Lions Club of Burdwan v. ADIT (2023) 104 ITR 75 (SN) (Kol)(Trib)

S. 10AA : Special Economic Zones-Surplus funds-Interest on fixed deposit-Eligible profits-Interest earned is eligible for deduction.

Jardine Lloyd Thompson P. Ltd. v ACIT (2023)104 ITR 30 (SN.)(Mum) (Trib)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Presumptive taxation-Permanent Establishment-Fixed place of profession-Akin to a fixed place of business-No permanent establishment in India-presumptive tax is not applicable-Income is taxable at regular rate. [S.44DA-92F(iiia), 115A]

MTR Corporation Ltd. v. Dy. CIT (IT) (2023)104 ITR 17 (SN.)(Delhi) (Trib)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Receipts of fabrication charges for refurbishing of bushes-Not fees for technical services taxable in India-No permanent establishment in India-DTAA-India-Singapore [S.9(1(i), Art. 12]

Owens Corning Inc. v. Dy. CIT (IT) (2023)104 ITR 47 (SN)(Mum) (Trib)

S. 271A: Penalty – Failure to keep maintain -Retain books of accounts –Documents -Penalty order is set aside. [S.44AA]

Amey Pravinbhai Brahmbhatt v. ITO [2024] 109 ITR 17 (SN)(Ahd)(Trib)

S. 271(1)(c) : Penalty- Concealment – Deeming provision –Capital gains -Agreement value -Stamp valuation- Levy of penalty is not valid. [S.50C]

Gunwant Sohanlal Kherodiya v. Dy. CIT [2024] 109 ITR 31(SN) (Mum)(Trib)

S.271(1)(c): Penalty -Concealment -Not striking off irrelevant portion in the notice – Penalty order is quashed. [S. 69C, 143(3)]

S. Sagar Enterprises v. DCIT [2024]205 ITD 110/109 ITR 650 (Mum) (Trib)

S. 263 : Commissioner -Revision of orders prejudicial to revenue- Document identification No (DIN)- Order is bad in law. [S. 153C]

Dilip Kothari v. PCIT [2024] 109 ITR 654 (Bang)(Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Capital gains -Profit on sale of property used for residence -Capital gains not deposited in CGAS -Capital gain was invested in purchase/construction of residential house within time limit prescribed under section 54(1) –Revision is held to be not valid. [S. 45, 139(1)]

Sarita Gupta (Ms.) v. PCIT [2024] 109 ITR 373 / 204 ITD 299 (Delhi) (Trib)