S. 23 : Income from house property-Annual value-Valuation by Municipal Authorities determining the Annual value of a property cannot be rejected. [S. 22, 24]
Sanjay Brahmdev Kapoor v. ACIT (2020) 182 ITD 243 (Mum.) (Trib.)
Digest of case laws
Online digest of latest case laws
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. 14A : Disallowance of expenditure-Exempt income-Disallowance cannot be made in absence of exempt income. [S.10(34), R. 8D]
DCIT v. Asian Grantio India Ltd. (2020) 182 ITD 441 (Ahd.)(Trib.)S. 11 : Property held for charitable purposes-Annual Development fee-For development of school building-Not to be treated as revenue receipt-Prior to 1-4 2015 , depreciation is allowable eve if the such asset was treated as application of income. [S. 32]
Vidya Bharati Society For Education & Scientific Advancement v. ACIT (2020) 182 ITD 282 (Kol.)(Trib.)S. 11 : Property held for charitable purposes-Regulatory body-Development Authority-Implementation of development measures-Charitable in nature-Entitle to exemption. [S. 2(15), 12, 12AA, Gujarat Town Planning and Urban Development Act, 1976]
Surat Urban Development Authority (Suda) v. DCIT (2020) 182 ITD 20 (Ahd.)(Trib.)S. 11 : Property held for charitable purposes-Application of income-Amount spent on construction of buildings-Exemption cannot be denied on the ground that the amount was spent in cash-No payment was made to have been made to alleged related persons. [S. 13(1)(c), 13(3), 132]
Sri Srinivasa Educational & Charitable Trust v. ACIT (2020) 182 ITD 554 (Bang.)(Trib.)S. 10AA : Special economic zones-Service-Trading activity-Import of diamonds for re-export from SEZ Unit, same being trading activity falling within ambit of Service as per SEZ Rules-Entitled to deduction. [SEZ, Act, 2005, S. 51, Special Economic Zones Rules, 2006 R. 76]
Solitaire Diamond Exports v. ITO (2020) 182 ITD 474 (Mum.) (Trib.)S. 10(37) : Capital gains-Agricultural land-With in specified urban limits-Interest received on enhanced compensation-Eligible for exemption. [Land Acquisition Act, 1894, S.28 ]
Lakshmamma (Smt.) v. ITO (2020) 182 ITD 408 (Bang.)(Trib.)S. 9(1)(vii) : Income deemed to accrue or arise in India-Business profits-Royalty-Fees for technical services-Absence of permanent establishment-Technical services fees cannot be taxed in India-DTAA-India-Philippines. [S. 9(i)(i), Art . 7]
Paramina Earth Technologies Inc. v. DCIT (IT) (2020) 182 ITD 45 (Vishakha)(Trib.)S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Master service agreement (MSA)-Information technology support-Payments for said services could not be assessed as fees for Technical services-DTAA-India-Netherland. [S. 9(1)(vii), Art. 12(4), 13]
Shell Information Technology International BV. v. DCIT (2020) 182 ITD 294 (Mum.)(Trib.)S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Charges for web-hosting, cloud hosting and cloud space rentals being utilised for foreign business-Failure to deduct tax at source-Article 7 of the OECD Model Tax Convention-Matter remanded. [S. 9(1)(i), 9(1)(vi), 195]
Edgeverve Systems Ltd. v. ACIT(IT) (2020) 182 ITD 526 (Bang.)(Trib.)