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(ii)(c) : Business income-Termination of agency-Neither capital structure of assessee had been affected nor it had affected trading structure of business-Compensation received by the assessee from German company was business income under section 28(ii)(c) read with section 28(va)(a) and not capital gains. [S. 28(va), 45, 55]
Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 (Mum)(Trib.)
S. 28(i) : Business income-Survey-Unaccounted receipts-Disclosed in the revised return-Assessable as business income and not as cash credits applying the provision of S. 115BBE of the Act.[S. 68, 115BBE, 139(5)]
ACIT v. Surat Life Care (P.) Ltd. (2024) 205 ITD 538 (Surat)(Trib.)
S. 28(i) : Business income-Capital gains-Purchase of land-Co-owners-Partnership firm with-Co-owners-Development agreement with firm-Intention was doing real estate business-Profit is to be assessed as business income and not as capital gains-Denial of exemption under section 54F is justified. [S. 45, 54F]
Bhanuprasad Maganlal Patel. v. DCIT (2024) 205 ITD 429/228 TTJ 393 (Ahd.)(Trib.)
S. 24 : Income from house property-Deductions-Rental income-Let out portion of its house property-Assessable as income from house property and not as income from other sources-Entitle t statutory deduction @30% under section 24(a) of the Act. [S. 22, 24(a), 56]
Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 (Mum.)(Trib.)
S. 22 : Income from house property-Form No 26AS-Revised by the deductor-Matter is remanded to verify factual claim.[Form No 26AS]
Agilent Technologies (International) (P.) Ltd. v. NFAC (2024) 205 ITD 551 (Delhi) (Trib.)
S. 14A : Disallowance of expenditure-Exempt income-Tax free dividend income-Disallowance could not exceed exempt income.[R.8D]
Unilever Industries (P.) Ltd. v. Dy. CIT (2024) 205 ITD 212 (Mum)(Trib)
S.14A : Disallowance of expenditure-Exempt income-Recording of satisfaction-Non recording of satisfaction-Addition is deleted. [R.8D]
Asian Paints Ltd. v. ACIT (2024) 205 ITD 680 (Mum.)(Trib.)
S.14A : Disallowance of expenditure-Exempt income-Not earned any exempt income, no disallowance can be made-Employee’s contributions (PF/ESI)-Payment was made within the period of grace period of five days-No disallowance can be made-Matter remanded. [S. 36(1)(va), R.8D]
Strides Pharma Science Ltd. v. DCIT (2024) 205 ITD 421 (Mum) (Trib.)
S. 12AB : Procedure for fresh registration-Charitable or religious trust-Objects of assessee-trust were primarily charitable rather than favouring any specific religious community, CIT(E) was not justified in denying registration under section 12A, by invoking section 13(1)(b) as said provisions would be attracted only at time of assessment and not at time of grant of registration.[S. 11, 12A, 13(1)(b)]
Jamiatul Banaat Tankaria. v. CIT (2024) 205 ITD 673 (Ahd)(Trib.)
S. 12AB: Procedure for fresh registration-Registered under section 12AA-Filed application in Form No. 10A well within due date for fresh registration under section 12AB-Entitled for grant of registration from assessment year 2021-22.[S.11, 12A(1), 12AA]
Cheyyar Virutcham Educational Trust v. ACIT(2024) 205 ITD 370 (Chennai) (Trib.)