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. 90 :Double taxation relief –Non resident – Salary and allowances earned in respect of employment rendered in Austria – Entitle to exemption – Non-production of tax residency certificate cannot be a Reason not to grant benefit of DTAA – DTAA- India – Australia [ S.5(2) , 90(4), Art. 15(1) ]
Sreenivasa Reddy Cheemalamarri v. ITO (2020)79 ITR 465(SMC) (Hyd) (Trib)
S. 80IB(10) : Housing projects- Interest on bank deposits – Transfer fee and interest received for delay in payment against flat – Eligible deduction – Net interest can be disallowed .
Satern Griha Nirman P. Ltd. v. ITO (2020) 79 ITR 359 (Kol) (Trib)
S. 80IB: Industrial undertakings – Disallowance of expenses Deduction to be computed taking into account income enhanced. [ S. 37, 80IB(8A) ]
Lotus Labs P. Ltd. v. Dy. CIT (2020)79 ITR 295 (Bang) (Trib)
S. 68 : Cash credits -Tax savings investment – Matter remanded to thee Assessing officer [ S.80C ]
Sanjeeva Reddy Paga v. ITO (2020) 79 ITR 439 (Hyd) (Trib)
S.54F : Capital gains- Investment in a residential house -amount deposited in capital gains accounts scheme before filing of return under section 139(4) – Entitled to exemption.[ S.45 , 139(4) ]
Renu Jain v. ITO (2020)79 ITR 621 / (2021) 186 ITD 175 ( Jaipur) (Trib)
S.43B: Deductions on actual payment – Employees’ State insurance -Evidence not produced – Disallowance justified .
Satern Griha Nirman P. Ltd. v. ITO (2020) 79 ITR 359 (Kol) (Trib)
S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits – Gold purchase – Making cash payments in different dates – Inserting some entries – Complete bills and vouchers not produced – Disallowance is held to be justified . [ R.6DD(J) , 6DD(k) ]
Rajendra Kumar Sahoo v .ACIT (2020)79 ITR 10 / (2021) 186 ITD 483 / 211 TTJ 175/ 200 DTR 165 ( Cuttack ) (Trib)
S. 40(a)(ia): Amounts not deductible – Deduction at source – Exhibitor of film – Payment to distributor on revenue shared basis – Neither Contractual payment nor rent – Not liable to deduct tax at source [S.194C(1) , 201 (1) ]
Sri Parameswari Projects P. Ltd. v. ITO (2020) 79 ITR 529 (SMC) ( Vishakha ) (Trib)
S. 32 : Depreciation – Actual cost -Trade Mark — Revaluation — Depreciation to be claimed on cost incurred and not on revaluation figure —Total amount of depreciation cannot exceed depreciation to which assessee would be entitled if succession had not taken place [ S.43(1), Explanation 3, 47(xiii) ]
PIK Studios P. Ltd. v Dy. CIT (2020)79 ITR 533 (Mum) (Trib)
S. 9(1)(i): Income deemed to accrue or arise in India – Business connection – Transfer of shares – Gains derived from alienation of any property taxable only in contracting state of which alienator is resident- Provisions of Act cannot override provisions of agreement – Gains from transfer of shares taxable in Belgium and not in India- DTAA – India – Belgium [ Art . 13(5) 13(6 ) ]
Sofina S. A. v. ACIT (IT) (2020)79 ITR 489/185 ITD 650 (Mum) (Trib)