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. 28(i) : Business income-Income from other sources-Interest earned from surplus fund assessable as business income-Expenditure is held to be allowable as business expenditure. [S. 37 (1), 56, 260A]

PCIT v. NTPC SAIL Power Co. (P.) Ltd. (2020) 117 taxmann.com 135 (Delhi)(HC) Editorial : SLP of revenue is dismissed due to low tax effect, PCIT v. NTPC SAIL Power Co. (P.) Ltd. (2020) 272 Taxman 92 (SC)

S. 14A : Disallowance of expenditure-Exempt income-Investment was made from interest free funds-No disallowance could be made. [R. 8D]

CIT v. Weizmann Ltd (2020) 115 taxmann.com 246 (Bom.)(HC) Editorial : SLP of revenue is dismissed as withdrawn as due to low tax effect, CIT v. Weizmann Ltd. (2020) 273 Taxman 15 (SC)

S. 14A : Disallowance of expenditure-Exempt income-Provision is not applicable to prior to assessment year 2007-08.

CIT v. State Bank of Travancore (2020) 114 taxmann.com 555 (Ker.) (HC) Editorial : SLP of revenue is dismissed, CIT v. State Bank of Travancore (2020) 269 Taxman 571 (SC)

S. 12AA : Procedure for registration-Trust or institution-School-Entire expenditure incurred by assessee was for purposes of school-Denial of registration is held to be not justified. [S.2 (15), 11]

CIT(E) v. Rural Education & Women Welfare Society, SAS Nagar (2020) 114 taxmann.com 190 (Punj. & Har.) (HC) Editorial: SLP of revenue is dismissed, CIT (E) v. Rural Education & Women Welfare Society, SAS Nagar (2020) 269 Taxman 466 (SC)

S. 11 : Property held for charitable purposes-Trade association-Object of promoting awareness and information dissemination with respect to automobile industry-Fees for conducting seminars-Entitle to exemption. [S. 2(15)]

CIT (E) v. Society of Indian Automobile Manufactures (2020) 117 taxmann.com 129 (Delhi) (HC) Editorial : SLP of revenue is dismissed due to low tax effect, CIT (E) v. Society of Indian Automobile Manufactures (2020) 272 Taxman 99 (SC)

S. 11 : Property held for charitable purposes-Providing services of relief to poor, education and medical relief would fall within scope of general public utility-Entitle to exemption. [S. 2(15), 12A, 80G]

CIT(E) v. Praxis Institute For Participatory Practices (2020) 113 taxmann.com 148 (Delhi)(HC) Editorial : SLP is granted to the revenue, CIT (E) v. Praxis Institute For Participatory Practices (2020) 269 Taxman 38 (SC)

S. 10B : Export oriented undertakings-Brought forward unabsorbed depreciation and losses-Not eligible unit-Cannot be setoff against current profit of eligible unit for computing deduction.

CIT v. Ganesh Polychem Ltd. (2020) 120 taxmann.com 270 (Bom.)(HC) Editorial : SLP of revenue is dismissed as withdrawn due to low tax effect, CIT v. Ganesh Polychem Ltd. (2020) 274 Taxman 455 (SC).

S. 10B : Export oriented undertakings-Entitled to claim exemption on interest income earned from inter-corporate loans and deposits lying in EEFC account.

PCIT v. Rajesh Exports Ltd. (2020) 114 taxmann.com 93 (Karn.) (HC) Editorial : SLP is granted to the revenue, PCIT v. Rajesh Exports Ltd. (2020) 270 Taxman 172 (SC)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Fees for technical services-Court had not answered question of payment of royalty on merits-Matter should be restored to High Court-OECD Model convention, 12. [S. 9(1)(vii), 260A]

Intel Technology India (P) Ltd (2020) 275 Taxman 592/(2021) 197 DTR 455 / 319 CTR 68 (SC)

S. 4 : Charge of income-tax-Income paid to Government as per bye-laws of society-Income is taxable though the Trust is not registered. [S. 12AA]

PCIT v. H.P. Excise & Taxation Technical Service Agency (2020) 113 taxmann.com 86 (HP)(HC) Editorial : SLP of revenue is dismissed, PCIT v. H.P. Excise & Taxation Technical Service Agency (2020) 269 Taxman 20 (SC)