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 : Expenditure on scientific research-Accommodation entries-Survey-Office bearers of done society admitted that in the course of survey and also before Settlement Commission that they are providing accommodation entries by way of bogus donations in an organised manner-Not entitle to deduction-Notice issued under section 143(2) is valid-Reassessment is valid. [S. 35(1)(ii), 133A,143(2), 147, 148]

Transafe International (P) Ltd v. Dy. CIT(2023) 223 TTJ 257 (Kol)(Trib)

S. 24 : Income from house property-Deductions-Commercial property-Property in respect of which assessee claimed interest under section 24(b) was only a commercial property-Restriction on deduction as provided in 2nd proviso to section 24(b) would not be applicable. [S. 22, 24(b), 71B, 143(1), 154]

Sameer Kishore Koticha v. Dy. CIT (2023) 221 TTJ 529 / 149 taxmann. com 345 (SMC) (Mum)(Trib)

S. 24 : Income from house property-Deductions-Interest on loan to repay the original loan-Entitle to deduction-Rental income is offered as to tax as income from house property-Interest paid on loan borrowed for acquisition of property is allowable as deduction. [S. 22, 24(b)]

Muthu Daniel Ranjan v. ACIT(2023) 222 TTJ 498 (Chennai)(Trib)

S. 10(23C) : Educational institution-Retrospective withdrawal of approval-Approval can be withdrawn only from the date of issuance of the show cause notice-Chairperson-Occupying the house property in lieu of her services-Provision for vehicles for members of the Society-Withdrawal of exemption is not justified. [S. 10(23C)(vi)]

St. Peterrs Educational Society v. PCIT (2023) 223 TTJ 145 (Chd)(Trib)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-No evidence was available to ascertain the precious nature of actual services rendered-Matter remanded to the Assessing Officer-DTAA-India-USA. [S. 90, art. 12(4)]

Nalco Co. v. ACIT(2023) 222 TTJ 1002 (Pune) (Trib)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-No right in the domain name-Income received from domain name registration is not royalty-Web hosting-Does not constitute royalty-Conducting conference for two days cannot be considered as fixed place of business and excluded from the definition of Permanent Establishment- DTAA-India-UAE. [S. 90, art. 5(3), 7, 12]

FRD Solutions FZC v. Dy. CIT (2023) 222 TTJ 628 (Mum)(Trib)

S. 4 : Charge of income-tax-Joint venture of Central Government and State Government-Rail corporation-Metro rail project-Separate legal entity-Income derived from corporation from business activities could not be said to be income of Karnataka State Government under article 289-Capital or revenue receipts-Sales tax referred-Matter remanded to the Assessing Officer-Interest on fixed deposits-Interest earned from fixed deposits of surplus funds after commencement is taxable though it was received for expansion of the project. [Companies Act, 1956, art. 12, 289]

Bangalore Metro Rail Corporation Ltd v. Dy. CIT(2023) 223 TTJ 665 (Bang)(Trib)

S. 4 : Charge of income-tax-Capital or revenue-Sales tax subsidy-Backward area-Capital receipts.

Ambuja Cement Ltd. v. Addl. CIT (2023) 223 TTJ 427 (Mum.)(Trib.)

S. 271G : Penalty-Documents-International transaction-Transfer pricing-Neither Assessing Officer nor Commissioner (Appeals) asked to furnish any specific information or documents-Penalty is deleted. [S. 92B,92D(3), 273B]

Tapi Jwil JV v.ITO (2023)108 ITR 27 (Delhi) (Trib)

S. 271(1)(c) : Penalty-Concealment-Pendency of quantum appeal before CIT(A)-Assessing Officer at liberty to proceed in accordance with law after decision of pending quantum appeal.

Rakhi Anant Sawant (Ms.) v.ITO (2023)108 ITR 27 (SN)(Mum)(Trib)