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.10(22): Educational institution- Exemption cannot be denied merely on ground that it was receiving fees from foreigner students in foreign exchange abroad by way of an arrangement with an educational organisation abroad.

DIT (E) v. American School of Bombay Education Trust (2019) 174 ITD 326/ 69 ITR 66/ 198 TTJ 534 (Mum) (Trib.)

S. 194C : Deduction at source – Contractors – Refining crude oil and selling petroleum products – Agreement with another company for transportation of goods- Works contract-Rent- Liable to deduct tax at source u/s 194C and not 194I [ S.194I ]

CIT (TDS) v. Indian Oil Corporation Ltd ( 2018) 303 CTR 188/92 taxmann.com 281 (2019) 410 ITR 106 / 166 DTR 89 (Uttarakhand) (HC)

S. 43D : Public financial institutions -Real income- Co -Operative Bank – Interest on non -performing assets -Shown in books as per RBI guidelines – Interest not accrued- Not assessable [ S.4 , 5, 145, RBI Act, 1934, S. 45Q ]

PCIT v. Ludhiana Central Co-Op. Bank Ltd ( 2018) 305 CTR 868/ 172 DTR 1 (2019) 410 ITR 72 (P&H)(HC)

S. 251 : Appeal – Commissioner (Appeals) – Powers -Once appeal is filed the said appeal cannot be withdrawn by the assessee- CIT(A) has to decide the appeal on merit- Delay of 116 days in filing the appeal before the Tribunal was condoned .[ S. 246A,250(4), 253 , 254(1)

Deekay Gears v. ACIT (SMC)( 2019) 175 DTR 267/ 198 TTJ 101 /( 2020) 77 ITR 150 (Mum) (Trib) .www.itatonline.org

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Business expenditure -Advertisement and publicity-Payment to cricketer -AO allowed the expenditure after considering the explanation- Revision is not to be not justified [ S.37(1) ]

Sanspareils Greenlands (P.) Ltd. v. CIT (2019) 174 ITD 274/ 197 TTJ 55 (UO) (Delhi) (Trib.)

S.234E: Fee-Default in furnishing the statements- Amendment to S. 200A with effect from 1-6-2015 empowering AO levying fees under 234E is prospective- Processing TDS statements for period prior to 1-6-2015 fee cannot be charged .[ S.200A ]

Trimurty Buildcon (P.) Ltd. v. DCIT (2019) 174 ITD 252 (Jaipur) (Trib.)

S.55: Capital gains- No cost of acquisition – Transfer of trade mark- Cost of acquisition is not ascertainable – Not liable to tax [ S.2(14),4, 45,48 , 55(2)(a)]

ITO v. Modern Home Care Products Ltd. (2019) 174 ITD 209 / 197 TTJ 377/ 174 DTR 209(Delhi) (Trib.)

S. 43(5) : Speculative transaction – Derivatives-Loss incurred on future and option is deemed to be business loss- Loss would be set off against income from business- Explanation to S.73 is not applicable [ S.73 ]

Magic Share Traders Ltd. DCIT (2019) 174 ITD 230 (Ahd) (Trib.)

S. 14A : Disallowance of expenditure – Exempt income – Disallowance cannot exceed the exempt dividend [ R.8D ]

Magic Share Traders Ltd. DCIT (2019) 174 ITD 230 (Ahd) (Trib.)

S. 10AA : Special economic zones – Interest on capital and remuneration-Partnership deed is not providing any interest- AO cannot disallow the interest and remuneration and reduce the eligible exemption .[ S.80IA ]

ACIT v. Mukta Enterprise. (2019) 174 ITD 259 /175 DTR 350 /198 TTJ 374 (Surat) (Trib.)