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. 12AA : Procedure for registration–Trust or institution-A assessee is free to avail registration under any alternative provision if more than one alternatives were available-Rejection of application is held to be not valid. [S. 10(23C)(iiad)]

CIT v. Beant College of Engineering & Technology. (2019) 265 Taxman 449 (P & H) (HC)

S. 12AA : Procedure for registration–Trust or institution-Object to help of literary persons of different aptitudes or classes, plays written in different languages could be converted in to dramas or episodes or T.V. Plays–Cannot be regarded as commercial in nature –Denial of registration is not justified. [S. 2, 15, 12A.)

CIT ( E) v. Kanakia Art Foundation. (2019) 265 Taxman 281 (Bom.)(HC) (Editorial : Order in Kanakia Art Foundation v. Dy.CIT (2015) 59 taxmann.com 468/ 39 ITR 53 (Mum.)(Trib.) is affirmed)

S. 10AA : Special economic zones-Computation of profits and gains of eligible unit for grant of deduction would be independent of computation of profits and gains of ineligible unit-Permitted to carry forward losses of its ineligible unit-Amendment to section 10AA takes effect only from 1-4-2018-Direction is issued to the respondent to either accept the manual return of the assessee or alter the software to permit it to again file online its returns claiming the carry forward of losses of its ineligible unit for the assessment years in question. [S. 72]

Cosmo Films Ltd. v. CBDT (2019) 265 Taxman 102 (Mag.)(Delhi)(HC)

S. 10A : Free trade zone-Total turnover-Expenses excluded from export turnover were also to be excluded from total turnover.

CIT v. Intel Technology India (P.) Ltd ( 2019) 107 Taxmann.com 461/ 265 Taxman 240 (Karn.) (HC). Editorial: SLP of revenue is dismissed, CIT v. Intel Technology India (P.) Ltd. (2019) 265 Taxman 239 (SC)

S. 9(1) : Income deemed to accrue or arise in India–Business connection-Royalty-Broadcasting services – Subscription-TV channel operator from customers-Receipt was not for transfer of any copyright in literary, artistic or scientific work-Cannot be categorized as royalty income-International taxation-DTAA-India –Singapore [S.9(1) (vii), Copy Right Act 1957, S. 2(y), 14, 37 Art,5, 12]

CIT v. MSM Satellite (Singapore) Pte. Ltd. (2019) 265 Taxman 376/ 180 DTR 13/(2020) 313 CTR 102 (Bom.)(HC)

S. 5 : Scope of total income-Untilized amount on prepaid card at end of year which was treated as advance in balance-sheet and recognized as a revenue receipt in subsequent year, when talk time was actually used or was exhausted-Addition cannot be made – Order of Tribunal is affirmed. [S. 145].

CIT v. Sistema Shyam Teleservices Ltd. (2019) 260 Taxman 402 (Delhi) (HC) Editorial : SLP of revenue is dismissed, PCIT v. Sistema Shyam Teleservices Ltd. (2019) 265 Taxman 549 (SC)

S. 80IC : Special category States -Allocation of expenditure- Remanding the matter to the AO- No substantial question of law . [ S.254(1) ,260A ]

CIT v. Glenmark Pharmaceuticals Ltd ( 2019) 417 ITR 479/ 260 Taxman 249 ( Bom) (HC)

S. 56 : Income from other sources – Valuation of shares- substantiation of the fair market value on the basis of the valuation done by the assessee simply cannot be rejected where the assessee has demonstrated with evidence that the fair market value of the asset is much more than the value shown in the balance sheet. [ S.56(2) (viib) , R.11UA ]

India Convention and Culture Centre Pvt. Ltd. v. ITO ( 2019) 75 ITR 538(Delhi)(Trib), www.itatonline.org

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Waiver of loan- Cannot be assessed as cessation of liability or as business income .[ S.28(iv) ]

PCIT v. Colour Roof (India) Ltd.(Bom)(HC),www.itatonline.org

S.28(i): Business income- Client code modification-(CCM )- Shifting of profits- Addition as income on the basis of alleged doubtful transaction is held to be not valid – Deletion of addition b the Tribunal is affirmed . [ S.69, 143(3) ]

PCIT v. Pat Commodity Service Pvt. Ltd. (Bom)(HC), www.itatonline.org