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
Click here to download the pdf versions of the Digest of case laws

S.37(1): Business expenditure-Cash payments-Distributor of milk products-The AO is directed to disallow 4 percent of cash expenses.

ITO v. K. Murugan (2023) 37 NYPTTJ 861 / (2024) 227 TTJ 121 / 233 DTR 72 (Chennai)(Trib)

S. 11 : Property held for charitable purposes-Registered under section 12AA-Applied once again-Directed to allow the exemption. [S. 12A(2), 12AA]

Shri Parnami Panchayat v. ITO (E) (2023) 37 NYPTTJ 1278 / (2024) 227 TTJ 603 / 234 DTR 313 / 161 taxmann.com 438 / (SMC) (Jaipur)(Trib)

S. 11 : Property held for charitable purposes-Advance for purchase of land in earlier year-Proposal for cancellation of registration is dropped-Addition as notional interest is deleted-Exemption cannot be denied. [S. 12AA, 13(1)(c), 13(2)(a) 13(3)]

Rastogi Education Society v. ITO (2024) 227 TTJ 478 / 233 DTR 225 / 38 NYPTTJ 11 /161 taxmann.com 220 (Raipur)(Trib)

S. 11 : Property held for charitable purposes-Composite objects-Kalyan Mandapam on commercial lines for fees and cess like any other persons carrying business-Receipts from the marriage hall related activities are more than the specified limit as per proviso to S 2(15)-Rejection of exemption is justified-Printing a diary of trustees and their family members does not per se amount to diversion of trust funds for the benefit of trustees-Amounts spent for the Diwali get-together of the trustees in the course of carrying on activities of the trust cannot be considered as diversion of trust funds for the benefit of trustees-No violation under section 13(1)(c)-Depreciation-Commercial principle-Corpus donations-Exemption denied-Includable in total income-Expenditure-Expenditure is to be allowed for earning of income including its activities as deduction-House property for the benefit of the members of one family-Not allowable as deduction. [S. 2(15), 13(1)(c), 22, 24, 37(1), 133A]

Ramsahaimal Sahuwala & Sons Charitable Trust v. ACIT (2023) 37 NYPTTJ 1514 /(2024) 227 TTJ 957 / 238 DTR409 / 163 taxmann.com 175 (Chennai) (Trib)

S. 11 : Property held for charitable purposes-Corpus donation-Foreign donation-Project is struck on account of stay order of High Court-Amount utilised for repayment of bank loan-Exemption is allowable.[S.11 (1)(d))]

ACIT (E) v. Padmavati Institute For Medical Education & Science Trust (2023) 37 NYPTTJ 1675 / (2024) 227 TTJ 470 / 233 DTR 321 (Jodhpur) (Trib)

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Interior design services-Payments received by the assessee from RCITP are fees for technical services falling under cl. (4) of art. 12 of the DTAA-DTAA-India-Singapore [S.90, 144C(5), 144(13), Art. 12]

Gensler Singapore (P) Ltd. v. JCIT /(2023) 155 taxmann.com 207/ 37 NYPTTJ 1293 / (2024) 227 TTJ 998 / 234 DTR 193 (Delhi)(Trib)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-User of software-Payment received cannot be taxable as fees for technical services or royalty-DTAA-India-Netherland [S. 9(1)(vi), 90, Art. 12(5)]

ACIT (IT) v. Juniper Networks International B.V (2023) 154 taxmann.com 563 / 37 NYPTTJ 1364 / (2024) 227 TTJ 529 / (2024) 234 DTR 49 (Mum)(Trib)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-None of the employees came to India for the purpose of either development or sale of or any activity related to development and sale of RPA software platform-No permanent establishment-No income attributable on sale of software licence-Additional ground-Rejected-DTAA-India-USA. [Art. 5, 12]

Automation Anywhere Inc. v. Dy.CIT (IT) (2023) 153 taxmann.com 629 / 37 NYPTTJ 1172 / (2024) 227 TTJ 287 / 234 DTR 295 (Delhi)(Trib)

S. 271D : Penalty-Takes or accepts any loan or deposit-Sale of immoveable property-Stock in trade-Sale deed registered-No deliberate defiance of law-Penalty is deleted. [S.269SS]

Aggarwal Construction Co. v Dy. CIT (2024)116 ITR 372 / [2025] 171 taxmann.com 218 (Amritsar)(Trib)

S. 271AAB : Penalty-Search initiated on or after Ist day of July 2012-Cash payment-Recorded in balance sheet-Cannot be held to be undisclosed-Additional ground-Legal issue-Matter remanded to the CIT(A). [S. 270A,274, ITAT R. 27]

ACIT v. Incredible India Projects P. Ltd. (2024)116 ITR 57 (SN)(Hyd) (Trib)