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. 54F : Capital gains-Investment in a residential house-One house-Property was acquired for Metro Rail Project compensation paid within a period of one year-Purchase of two different houses-Not entitle to exemption. [S. 45, 54, 54F(1)(ii)]
M.S. Amaresan v. ACIT (2021) 186 ITD 715 / 210 TTJ 986 / 200 DTR 1 (Chennai)(Trib.)
S. 54 : Capital gains-Profit on sale of property used for residence-Construction of house within period of three years from the transfer of original asset-Non availability of occupation certificate cannot be the ground to deny the exemption. [S. 45]
Estate of Late Dr. S. Zakaulla Masood. v. ITO (2021) 186 ITD 326 / 199 DTR 243 / 210 TTJ 779 (Bang.)(Trib.)
S. 45 : Capital gains-Transfer-Sale agreement registered on 26-8-2011 and possession was also handed over on the said date-Capital gains assessable in assessment year 2012-13. [S. 2(47), 54F]
Jayshree Shankar Done (Smt.) v. ITO (2021) 186 ITD 257 (Pune) (Trib.)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Transportation charges-Hiring cabs from cab owners-Liable to deduct tax at source-Payment made to petrol pumps not liable to deduct tax at source. [S. 194C]
Sri Balaji Prasanna Travels. v. ACIT (2021) 186 ITD 534 / 199 DTR 209 / 210 TTJ 970 (Bang.)(Trib.)
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Commission payment-Mere rendering of service of procurement of export orders by a non-resident company for Indian company does not fall in category of managerial/consultancy services-Not liable to deduct tax at source-DTAA-India-Japan. [S. 40(a)(1), 195]
Digi Drives (P.) Ltd. v. ACIT (2021) 186 ITD 459 (Delhi)(Trib.)
S. 28(i) : Business loss-Trading activities in stock and commodities-Provision for loss mark to market loss on trading in derivative-Allowable as business loss. [S. 37(1)]
DCIT v. Edelweiss Commodities Services Ltd. (2021) 186 ITD 189 / 198 DTR 234 / 210 TTJ 914 (Mum.)(Trib.)
S.14A : Disallowance of expenditure-Exempt income-Net interest could be disallowed-Book Profit-Computation under clause (f) of Explanation 1 to section 115JB(2) is to be made without resorting to computation as contemplated under section 14A read with rule 8D. [S. 115JB, R. 8D]
DCIT v. Edelweiss Commodities Services Ltd. (2021) 186 ITD 189 / 198 DTR 234 / 210 TTJ 914 (Mum.)(Trib.)
S.14A : Disallowance of expenditure-Exempt income-Interest free funds is more than investments made-No disallowance of interest can be made-Administrative expenses-Disallowance is restricted only to investments giving rise to exempt income. [R. 8D]
Tata Power Co. Ltd. v. PCIT (2021) 186 ITD 82 (Mum.)(Trib.)
S. 11 : Property held for charitable purposes-Exemption denied and income assessed as income from other sources-All incidental expenditures laid out by assessee wholly or exclusively for purpose of making or earning such income were also to be allowed under section 57(iii). [S. 10(23C)(iiiab), 12A, 12AA, 57(iii)]
DCIT v. Shri Vaishnav Polytechnic College Govn by VSK Market Tech Educational Society. (2021) 186 ITD 378 (Indore)(Trib.)
S. 10B : Export oriented undertakings-Matter remanded by the Tribunal to the Assessing Officer examine the claim under section 10A of the Act-CIT (A) allowed the claim under section 10B-CIT (A) was not justified is allowing the deduction u/s. 10A of the Act. [S.10A, 254 (1)]
Dy. CIT v. Wayne Burt Petrochemical (P.) Ltd. (2021) 186 ITD 186 (Chennai)(Trib.)