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. 44BB : Mineral oils-Computation-Royalty-Substance of contract-Matter remanded-DTAA-India-Singapore. [S. 9(1)(vi), Art. 5, 12]

Maritime Vanguard Pte. Ltd. v. ACIT (IT) (2020) 182 ITD 339 (Mum.)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-No banking facility was available at quarry site-Disallowance is held to be not justified-Cash expenditure-Disallowance is restricted to 5% of cash expenditure exceeding Rs. 20,000. [R. 6DD]

Kempsz Trading (P.) Ltd. v. DCIT (2020) 182 ITD 236 (Bang.) (Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Testing charges-Not liable to deduct tax at source-Services rendered outside India-Reimbursement expenses-No disallowance could be made-Amendment by Finance Act, 2014, restricting disallowance to 30 per cent of amount paid on which tax had not been deducted at source, will have no retrospective operation-OECD Model Tax Convention, Art 12. [S. 9(1)(vii), 40(a)(i), 195]

SGS India (P.) Ltd. v. ACIT (2020) 182 ITD 498 (Mum.)(Trib.)

S. 36(1)(vii) : Bad debt-Amount written off-Notice could not be served randomly-Amount could not be disallowed.

Vantage Advertising (P.) Ltd. v. DCIT (2020) 182 ITD 39 (Kol.)(Trib.)

S. 23 : Income from house property-Annual value-Valuation by Municipal Authorities determining the Annual value of a property cannot be rejected. [S. 22, 24]

Sanjay Brahmdev Kapoor v. ACIT (2020) 182 ITD 243 (Mum.) (Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Disallowance cannot be made in absence of exempt income. [S.10(34), R. 8D]

DCIT v. Asian Grantio India Ltd. (2020) 182 ITD 441 (Ahd.)(Trib.)

S. 11 : Property held for charitable purposes-Annual Development fee-For development of school building-Not to be treated as revenue receipt-Prior to 1-4 2015 , depreciation is allowable eve if the such asset was treated as application of income. [S. 32]

Vidya Bharati Society For Education & Scientific Advancement v. ACIT (2020) 182 ITD 282 (Kol.)(Trib.)

S. 11 : Property held for charitable purposes-Regulatory body-Development Authority-Implementation of development measures-Charitable in nature-Entitle to exemption. [S. 2(15), 12, 12AA, Gujarat Town Planning and Urban Development Act, 1976]

Surat Urban Development Authority (Suda) v. DCIT (2020) 182 ITD 20 (Ahd.)(Trib.)

S. 11 : Property held for charitable purposes-Application of income-Amount spent on construction of buildings-Exemption cannot be denied on the ground that the amount was spent in cash-No payment was made to have been made to alleged related persons. [S. 13(1)(c), 13(3), 132]

Sri Srinivasa Educational & Charitable Trust v. ACIT (2020) 182 ITD 554 (Bang.)(Trib.)

S. 10AA : Special economic zones-Service-Trading activity-Import of diamonds for re-export from SEZ Unit, same being trading activity falling within ambit of Service as per SEZ Rules-Entitled to deduction. [SEZ, Act, 2005, S. 51, Special Economic Zones Rules, 2006 R. 76]

Solitaire Diamond Exports v. ITO (2020) 182 ITD 474 (Mum.) (Trib.)