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. 4 : Charge of income-tax – Sales tax waiver benefits are in nature of capital receipts.

CIT v. Indian Petrochemicals Corpn. Ltd. (2019) 261 Taxman 251 (Bom.)(HC)

S. 250 : Appeal-Commissioner (Appeals)–Ex parte order-Order passed without giving opportunity of being heard was in violation of principle of natural justice- Matter remanded. [S.254(1) ITAT R. 28]

Narendrakumar Kuvarjibhai Vadher v. ITO (2019) 175 ITD 329 (Surat)(Trib.)

S. 115JB : Book profit- Not following the Accounting standard –AO Must modify the book profit as per Accounting Standards as per provisions of Companies Act.

Gati Ltd. v. ACIT (2019) 175 ITD 310 (Hyd.)(Trib.)

S. 115A : Foreign companies–Tax–Royalty–In terms of technology license agreement entered into by assessee an Italy based company with its Indian AE effective from 1-04-2008, being covered by sub-clause (AA) of section 115A(1)(b), rate of tax on royalty recieved by assessee will be 10.50 per cent-DTAA- India Italy. [S.90(2), 195A]

Piaggio & C.S.P.A. v. DIT (2019) 175 ITD 304/ 70 ITR 1 (SN) (Pune)(Trib.)

S. 72A : Carry forward and set off of accumulated loss– Amalgamation-Not specified at to how those conditions were not met-Allowed to be set off.

ACIT v. ADM Agro Industries Dharwad (P.) Ltd. (2019) 175 ITD 324 (Delhi)(Trib.)

S. 56 : Income from other sources-Joint venture company of Central and State Government-Metro Rail project-Fixed deposit with Bank – Not assessable as income from other sources [ S.4 ]

ITO v. Kolkata Metro Rail Corpn. Ltd. (2019) 175 ITD 347 (Kol.) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital–Advance to sister concern- Sufficient own interest free funds-Presumption would arise that advances made by assessee to its sister concern were out of interest-free funds – No disallowances can be made.

ACIT v. Janak Global Resources (P.) Ltd. (2019) 175 ITD 365 (Chd.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income–No exempt income during assessment year–No disallowance can be made .[ R.8D.

ACIT v. Janak Global Resources (P.) Ltd. (2019) 175 ITD 365 (Chd.)(Trib.)

S. 11 : Property held for charitable purposes-Salary paid to trustee-Exclusively working for trust–Earlier years accepted – Denial of exemption is held to be not valid. [S. 12A, 13(1)(c)]

Apne Aap Women Worldwide (India) Trust v. ITO (2019) 69 ITR 84 / 175 ITD 381 / 177 DTR 193/ 199 TTJ 447 (Mum.)(Trib.)

S. 45: Capital gains- Transfer – Possession was handed over –Subsequent termination of contract by mutual consent and returned back the sale consideration received- Liable to capital gains tax in the year of handing over of possession of property [ S.2(47)( v), Transfer of Property Act,1929, S.53A,Registation Act 1908, 17(1A) ]

CIT v. Harbour View (2018) 409 ITR 599 / (2019) 261 Taxman 330 (Ker.)(HC)Editorial: Harbour View v. CIT (2023) 295 Taxman 405 (SC) ,Assessee availed the benefit of the tax scheme ( Vivad se Vishwas Scheme . SLP dismissed .