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. 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. 2(22)(e): Deemed dividend-Loans and advances to shareholders-Amount received as share application money by companies from companies in both of which assessee had beneficial interest, was not loan and advances-Addition cannot be made as deemed dividend. (S.260A)
PCIT v. Vikas Oberoi (2020) 115 taxmann.com 260 (Bom.) (HC) Editorial : SLP of revenue is dismissed PCIT v. Vikas Oberoi (2020) 272 Taxman 188 (SC
S. 23 : Income from house property – Annual value – Annual value should be restricted to municipal ratable value – Estimate at 6% of cost of value of flat was held to be not justified . [ S. 22, 23 (1)(c) ]
Amit Balakrishna Jalan v . ACIT ( Mum) ( Trib) www.itatonline.org