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. 35 : Scientific research expenditure-Weighted deduction-In house research and development facility-Mandate of approval of quantum of expenditure had been inserted with effect from 1-7-2016-for relevant year eligible for weighted deduction. [S.35(2AB)]

ACIT v. Crompton Greaves Ltd. ( 2019) 75 ITR 17 ( SN) /(2020) 181 ITD 40 / 203 TTJ 94(Mum.) (Trib.)

S. 24 : Income from house property-Deductions-Trust would be entitled for deduction . [S. 11]

Shantaram Bhat Charitable Trust v. CIT (2020) 180 ITD 735 (Mum.)(Trib.)

S. 24 : Income from house property-Deductions-Interest paid on borrowed fund–Loan utilised for construction of commercial property a part of which is let out–Allocation of interest-Held to be allowable. [S. 22, 24(b)]

Alpex International (P.) Ltd. v. ACIT (2020) 180 ITD 844 (Mum.) (Trib.)

S. 14A : Disallowance of expenditure-Exempt income–Not earned any exempt income – No disallowances can be made. [R. 8D]

Alpex International (P.) Ltd. v. ACIT (2020) 180 ITD 844 (Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Long term capital gains–AO is justified in making disallowance. [S. 10(38), R. 8D]

Doon Valley Foods (P.) Ltd. v. ITO (2020) 181 ITD 18 (Chd.) (Trib.)

S. 14A : Disallowance of expenditure-Exempt income–Not recording of satisfaction-No disallowance can be made. [R. 8D]

ACIT v. Crompton Greaves Ltd ( 2019) 75 ITR 17 ( SN )/ (2020) 181 ITD 40 / 203 TTJ 94(Mum.) (Trib.)

S. 12AA : Procedure for registration–Trust or institution-Registration granted is required to be continued till nature of its activities change-Registration cannot be cancelled on mere fact that the trust earned commercial lease rent exceeding Rs. 25 lakhs. [S. 2(15), 12A]

Orissa Olympic Association v. CIT (2020) 77 ITR 407 / 180 ITD 692/ 190 DTR 167/ 205 TTJ 790 (Cuttack)(Trib.)

S. 11 : Property held for charitable purposes-Income from house property-Deductions-Trust would be entitled for deduction-Accumulation of income–Matter remanded. [S. 2(45), 11(3), 24]

Shantaram Bhat Charitable Trust v. CIT (2020) 180 ITD 735 (Mum.)(Trib.)

S. 11 : Property held for charitable purposes–Educational activities-Activities like holding conferences on industrial safety programmes, public talks, seminars, workshops, etc. on ongoing basis to inculcate industrial safety measures would also be bracketed in league of educational activities-Entitle to exemption. [S.2(15), 12A]

Gujarat Safety Council v. ITO (2020) 180 ITD 711 (Ahd.)(Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection–Liaison office–Involved in preparatory and auxiliary activities but also involved in ascertaining customer requirements, price negotiations obtaining of purchase orders etc–Constituted PE in India and profit attribution has to be done-DTAA-India-Singapore. [S. 92, Art. 5]

Hitachi High Technologies Singapore Pte Ltd. (2019) 202 TTJ 273 / ( 2020) 180 ITD 861 / 187 DTR 223 (Delhi)(Trib.)