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 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.)

S. 10 (23C): Educational institution-Demerger-Financial help to hospital-No violation of provision-Withdrawal of exemption is not justified. [S. 10(23)(vi)]

Seth Ramjidas Modi Vidhya Niketan Society. v. CIT (2021) 186 ITD 119 / 197 DTR 33 / 209 TTJ 118 (Jaipur)(Trib.)

S. 10 (23C) : Educational institution-Solely for educational purpose and not for earning profits-Substantially financed by Government-Eligible for exemption under section 10(23C)(iiiab) of the Act-Explanation to clause 10(23C)(iiiab) w.e.f. 1-4-2015 setting out minimum threshold of 50 per cent for institution to be financed by Government for claiming benefit of exemption under section 10(23C)(iiiab) is prospective in nature. [S. 10 (23C)(iiiab)]

DCIT v. Shri Vaishnav Polytechnic College Govn by VSK Market Tech Educational Society. (2021) 186 ITD 378 (Indore)(Trib.)

S. 10(10C) : Public sector companies-Voluntary retirement scheme-Bank employee-Exit Option Scheme-Ex gratia amount-Tax deducted at source-Not entitle to exemption. [R. 2BA]

Krishnan Achary v. ITO (2021) 186 ITD 73 / 210 TTJ 399 (Cochin)(Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Sale of software to Indian distributors-Not in the nature of copy right-Not taxable as royalty-DTAA-India-Sweden. [Art. 12]

Qliktech International AB v. DCIT (2021) 186 ITD 315 (Delhi)(Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Payment made by assessee for market analysis, maintenance of online data, customer database, etc.-Matter remanded for reconsideration-DTAA-India-USA. [Art. 12]

Adadyn Technologies (P.) Ltd. v. DCIT(IT) (2021) 186 ITD 690 (Bang.)(Trib.)