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.32 : Depreciation — Transfer —Written down value of block of assets should be reduced by sum received not stamp value — Excess depreciation not allowable.[ S. 2(11) 43(6)(c )(i)(b) ,45, 50C ]
Dy. CIT v. Futurz Next Services P. Ltd. (2020) 80 ITR 58( Delhi ) (Trib)
S.28(i): Business loss —Cancellation of purchase orders — Business transactions it is not necessary that all the transactions should be proved by documentary evidence- Loss deductible .
Ramesh Kumar Agarwal v .ITO (2020) 80 ITR 436 ( Delhi) (Trib)
S. 14A : Disallowance of expenditure – Exempt income -Foreign investments- Dividend suffered taxation in India – No disallowance can be made – Investments in Indian companies not yielding exempt Income —Has to be excluded . [ R.8D(iii) ]
Pentamedia Graphics Ltd. v. Dy. CIT (2020) 80 ITR 555 / 185 ITD 145/ 205 TTJ 892 (Chennai) (Trib)
S. 14A : Disallowance of expenditure – Exempt income – Not earning any exempt income during relevant period — No disallowance can be made .[ R.8D ]
Dy. CIT v. Futurz Next Services P. Ltd. (2020) 80 ITR 58( Delhi ) (Trib)
S. 12AA : Procedure for registration –Trust or institution- Commissioner is directed to decide a fresh on verification of objects and genuineness of activities in accordance with Law in light of documents which assessee is required to submit before him. [ S.2(15) , 11 ]
Mariam Education Society v. CIT(E) (2020) 80 ITR 380 ( Delhi) (Trib)
S. 10A : Free trade zone – Export turnover – Total turnover – Enhanced profits to be considered for deduction- Export proceeds received in India beyond time-limit but within time allowed by Reserve Bank circular to be considered for deduction .[ S .40(a) (ia), 194I ]
Dy. CIT v .Yahoo Software Development P. Ltd. (2020) 80 ITR 528 ( Bang) (Trib)
S. 9(1)(i): Income deemed to accrue or arise in India – Business connection – Contracts for supply and service of machinery in connection with setting up of plant — Thirty-five per cent. of profit attributed to permanent establishment – Accepting existence of permanent establishment —Liable for interest DTAA- India -Austria [ S.234B , Art .5(2) ]
Voith Paper Gmbh v. Dy. DIT (2020) 80 ITR 589 ( Delhi) (Trib)
S. 5 : Scope of total income – Accrual – Membership fees —Mercantile system of accounting -Pertaining to subsequent years —Taxable in year to which it pertains. [ S. 28(i) ,145 ]
Landbase India Ltd. v. ACIT (2020) 80 ITR 580 / 185 ITD 40/ 116 taxmann.co 574 ( Delhi) (Trib)
S. 4 : Charge of income-tax – Application of income – Sale consideration received for sale of shares — Taxable as income [ S. 28(i), 37(1) , 60 , 61 , 62 , 63 , 64 ]
K. Srikanth v .ACIT (2020) 80 ITR 272 / 195 DTR 17/206 TTJ 273 ( Chennai ) (Trib)
S. 4 : Charge of income-tax -Capital or revenue receipt — Non-compete fee — Capital receipt – Cannot be assessed as income [ S.28(i) ]
K. Srikanth v .ACIT (2020) 80 ITR 272 / 195 DTR 17 /206 TTJ 273 ( Chennai ) (Trib)