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. 32 : Depreciation – Water treatment chemicals, industrial additives- Installation at customers site at free of cost – Disallowance is held to be allowable – Conveyance reimbursement – 5% of disallowance is held to be reasonable [ S.37 (1)]
Nalco Water India. v. ACIT (2020) 188 DTR 77 / 205 TTJ 380 (Pune) (Trib)
S. 28(i) : Business loss – Losses incurred on surrender of NLD licence – Allowable as business loss [ S. 35ABB(2) , 37 (1) ]
ACIT v. Loop Telcom Ltd. (2020) 189 DTR 46 / 205 TTJ 27 (Mum.)(Trib.)
S. 12AA : Procedure for registration –Trust or institution- Refusal of registration was set aside – Matter remanded to CIT ( E) to decide accordance with law [ S.2(15), 12A ]
Poojya Sindhi Panchayat Kanwar Nagar (Regd ) v CIT ( E ) ( 2020) 187 DTR 114/203 TTJ 235 (Jaipur ) ( Trib)
S. 11 : Property held for charitable purposes – Registration granted prior to the initiation of reassessment proceedings – Exemption cannot be denied [ S.12A, 147 , 148 ]
Badhte Kadam v .Dy .CIT ( 2020) 187 DTR 36 / 203 TTJ 597 (Raipur ) (Trib)
S. 9(1)(vi) : Income deemed to accrue or arise in India – Royalty – Subscription revenue received by the assessee to be in the nature of royalty and bringing it to tax in India.-DTAA -India -UK [ S.90 , 115A, Art , 13 (6) ]
Reuters Transaction Services Ltd v. Dy . CIT ( 2020) 187 DTR 268/ 204 TTJ 624 ( Mum) ( Trib)
S. 9(1)(i): Income deemed to accrue or arise in India – Business connection – Providing support services – Taxable at the rate of 20% on gross basis – DTAA-India -USA [ S.9 (1)(vii) ,44AD, 115A, 195 ( 2), Art, 12 ]
HNS India VSAT Inc v Add. DIT ( 2020) 188 DTR 317/ 205 TTJ 113 ( Delhi) ( Trib)
Kar Vivad Samadhan Scheme ,1998
S. 90 : Tax arrear – Since the revenue had appropriated the amount against tax liability for the Assessment year 1987 -88 computation / calculation of penalty and interest for the said assessment year in certificate of intimation dated 26 -2 -1999 was not justified [ Art . 226 ]
Kuber Builders v. UOI (2020) 272 Taxman 216 / 192 DTR 57 / 316 CTR 479 (Bom.)(HC)
S. 271(1)(c) : Penalty – Concealment –Capital gains – Year of taxability – Offered on the basis of consideration received – In response to notice u/s 148 the entire consideration was offered and accepted – levy of penalty is held to be not justified for furnishing in accurate particulars of income [ S.45 , 147 ,148 ]
Omprakash T. Mehta v. ITO (2020) 274 Taxman 110 / 193 DTR 25 / 316 CTR 280 (Bom.)(HC)
S. 271(1)(c) : Penalty – Concealment –Capital gains – Year of taxability – Offered on the basis of consideration received – In response to notice u/s 148 the entire consideration was offered and accepted – levy of penalty is held to be not justified for furnishing in accurate particulars of income [ S.45 , 147 ,148 ]
Omprakash T. Mehta v. ITO (2020) 274 Taxman 110 / 193 DTR 25 / 316 CTR 280 (Bom.)(HC)
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Set off of carried forward loss (Unabsorbed portion of depreciation) [ S.68 71 ,115BBE [
Vijaya Hospitality and Resorts Ltd. v. CIT (2020) 269 Taxman 513 / 188 DTR 183 / 315 CTR 412 (Ker.)(HC)