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. 17(2) : Perquisite-Fringe Benefits-Supply of electricity to employees at concessional rates-concession to be treated as Fringe Benefit. [S. 2(33B), 15, 192]
Madhya Pradesh Madhya Kshetra Vidyut Viteran Company Ltd. v. DCIT (2019) 76 ITR 86 / 184 DTR 380 / 202 TTJ 359 (Indore)(Trib.)
S. 10A : Free Trade Zone–Loss in-unit situated outside the Software Technology Park (STPI) not adjusted against units within the STPI-Income enhanced–Deduction is allowable on enganced income-Expenses excluded from export turnover– Consequential exclusion from total turnover.
McMl Systems Pvt. Ltd. v. ACIT (2019) 75 ITR 656 (Bang.) (Trib.)
S. 10(26AAB) : Income of an agricultural produce market committee-Agricultural produce to be given a wider meaning.
ITO v. Fish Poultry & Egg Marketing Committee (2019) 179 DTR 137 / 109 taxmann.com 17 (Delhi)(Trib.)
S. 10(26) : Exemption to member of a Scheduled Tribe-Allowability-Individual vis-a-vis partnership firm-Since partnership firm is not a member of a scheduled tribe-Such firm not entitled to exemption under S. 10(26)-but its partners are eligible for the same. [Art. 366, General Clauses Act, 1897, S. 13]
Hotel Centre Point v. ITO (2019) 182 DTR 297 / 201 TTJ 913 (Gau.)(Trib.)
S. 9(1)(vi) : Income deemed to accrue or arise in India–Royalty/ Fees for technical services-Access to online database is not royalty/Fees for technical services. [S.9(1) (vii )]
Elsevier Information Systems GmbH v. Dy. CIT(IT) (2019) 180 DTR 147 / 202 TTJ 831 (Mum.)(Trib.)
S. 9(1)(i) : Income deemed to accrue or arise in India–Permanent establishment–Liaison office of assessee did not constitute PE-Income is not chargeable to tax in India. [Art. 5]
Nagase and Company Ltd. v. ADIT (2019) 109 taxmann.com 288 / 180 DTR 1 / (2020) 205 TTJ 68 (Mum.)(Trib.)
S. 5 : Scope of total income–Actual income reported cannot be substituted with notional figures. [S. 4, 145(3)]
JCIT v. Flipkart India (P) Ltd. (2019) 73 ITR 392 / 180 DTR 49 (Bang.)(Trib.)
S. 4 : Charge of income-tax–Capital or revenue-Interest subsidy received under TUFS (Technology Up gradation Fund Scheme), is capital in nature.[S. 28(i)]
Vardhman Textiles Ltd. v. DCIT (2019) 183 DTR 477 / 202 TTJ 750 (Chd.)(Trib.)
S. 2(14)(iii) : Capital asset-Agricultural land-Exemption-Village Administrative Officer Confirming Land Agricultural At Time Of Transfer-AO to adjudicate issue afresh after enquiries and verifications with local authorities and of area-Reassessment is held to be valid. [S.10(37), 69, 147, 148]
Anthiah Pancras v. ITO (2019) 76 ITR 50 (Chennai)(Trib.)
S. 223 : Collection and recovery – Tax Recovery Officer – Charge over property – Attachment of property under Schedule II- Unless there is preference given to the Crown debt by a statute, the dues of a secured creditor have preference over Crown debts- As a charge over the property was created much prior to the notice issued by the TRO under Rule 2 of Schedule II to the Act and the sale of the property was pursuant to the order passed by the DRT, the sale is valid . [ S.222 ]
Connectwell Industries Pvt. Ltd. v. UOI ( 2020) 424 ITR 18/ 187 DTR 393/ 313 CTR 601 / 272 Taxman 1 (SC) www.itatonline.org