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–Management service fees from its Indian subsidiaries-Not taxable as fees for technical services and not as dividend-Reimbursement of expenses-DTAA-India-Swedish [S. 9(1)(iv), Art. 10, 12]

Sandvik AB v. DIT (2019) 178 ITD 128 (Pune)(Trib. )

S. 9(1)(vi) : Income deemed to accrue or arise in India–Royalty-Computer software-Payment made to its foreign based AE for purchase of copyrighted software would not be termed as payment of royalty-Information technology support services-Lease line charges-Not liable to deduct tax at source–DTAA-India-USA. [S.195, Art. 12]

John Deere Equipment (P.) Ltd. v. DCIT (2019) 178 ITD 192 (Pune)(Trib.)

S. 4: Charge of income-tax-Capital or revenue-Subsidy received from Government is a capital receipt not chargeable to tax-Rule of consistency to be followed.

Chhattisgarh Mineral Development Corporation Ltd v. ACIT ( 2019) 69 ITR 75 (SN) (Raipur)(Trib. )

S. 4 : Charge of income-tax – Subsidy – Refund of octori-Capital receipt – Not chargeable to tax. [S. 2(24)(xviii) 43(1), 56]

Dy. CIT v. Mas India P. Ltd. (2019) 74 ITR 72 (SN) (Pune)(Trib.)

S. 2(24)(xi) : Income-Business income-Key man insurance policy-Accrual or receipt basis-Bonus on Keyman Insurance Policy taxable on receipt basiS. [S. 5, 28(vi), 10(10DD), 145]

Dy. CIT v. Impulse International P. Ltd. (2019) 71 ITR 28 (SN) (Delhi)(Trib. )

S. 2(22)(e) : Deemed dividend-Advance given to society-Advance not to be treated as deemed dividend.

Dy. C. I. T. v. Roshan Lal Jindal (2019) 71 ITR 596 (Chd. )(Trib.)

S. 271C : Penalty – Failure to deduct at source – Leave travel allowance – Bona fide belief – levy of penalty is held to be not justified .[ S.192, 201(1), 201(1) (A) ]

Syndicate Bank. v. ACIT (2019) 179 ITD 178 / (2020) 190 DTR 354/ 204 TTJ 118 (Bang) (Trib.)

S. 194H : Deduction at source – Commission or brokerage – SIM distributors – Not liable to deduct tax at source – Roaming charges – Process of roaming does not require human intervention and cannot be considered as a technical service- Not liable to deduct tax at source .[ S. 194J ]

Vodafone Idea Ltd. v. ACIT (2019) 179 ITD 207 (Chd) ( Trib.)

S. 56 : Income from other sources – Valuation of unquoted equity shares on 31-3-2014- If balance sheet was not drawn up by auditor on 31-3-2014, assets and liabilities in balance sheet of immediately preceding year, i.e., 31-3-2013 should be adopted. [S.56(2)(viib) , R.11UA ]

Sadhvi Securities (P.) Ltd. v. ACIT (2019) 179 ITD 197/ (2020) 185 DTR 374 (Delhi) (Trib.)

S. 54B : Capital gains – Land used for agricultural purposes – Agricultural land was converted into residential plots and not used for agricultural purpose- Deduction is not entitle .[ S.45 ]

Sheetal Kataria v. PCIT (2019) 179 ITD 171 (Jaipur) (Trib)