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. 28(i) : Business Loss — Write off of stores and parts -Imported goods were lying in custody of port authorities in bonded warehouse- Relinquishing its right and title to goods- Goods lost their life for use in its business-loss is incidental to business and allowable as business loss. [S. 37(1)]
ACIT v. Ballarpur Industries Ltd. (2018) 64 ITR 21 (SN)/ 168 DTR 225 / 193 TTJ 521 (Nag.)(Trib.)
S. 22 : Income from house property – letting out of its permanent structured on regular basis is assessable as income from house property – Receipt of license fee for use of craft stalls organized with object of promoting tourism, is taxable as business income. [S. 28(i)]
Delhi Tourism & Transport Development Corp. Ltd. v. Dy. CIT (2018) 194 TTJ 305/ 170 DTR 129 (Delhi)(Trib.)
S. 10B : Export oriented undertakings -Delay of one month in uploading the return-System was affected by virus -Reasonable cause – Exemption cannot be denied. [S. 139(1)]
Bartronics India Ltd. v. Dy.CIT (2018) 65 ITR 540 (Hyd.)(Trib.)
S. 10(23C) : Educational institution-Delay in disposal of application-Exemption cannot be denied for the AY. 2016-17 [S.10(23C)(vi)]
C. M. Public School v. CIT (2018) 64 ITR 573 (Chd.)(Trib.)
S. 9(1)(vii) : Income deemed to accrue or arise in India – Fees for technical services -Fees for Services received by UAE Company from Indian company was business income in hands of said company as per DTAA between India and UAE and in absence of any PE of any said company in India, business income could not be taxed in India-DTAA-India-UAE. [Art. 5, 7, 12]
Booz & Company (ME) FZ-LLC v. Dy. DIT(IT) (2018) 192 TTJ 33(UO) (Mum)(Trib.)
S. 4 : Charge of income-tax – Capital or revenue -Incentive received under Package Scheme of Incentives of Govt. of Maharashtra is capital receipt and not liable to tax.
ACIT v. Ballarpur Industries Ltd. (2018) 64 ITR 21(SN) / 168 DTR 225 / 193 TTJ 521 (Nag)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue -Book profit – Exempt income- two views possible -Revision is held to be bad in law. [S.14A, 115JB, R. 8D]
Tata Sons Ltd v. ACIT (2019) 69 ITR 46 (Mum.)(Trib.)
S. 145 : Method of accounting–Mercantile system-Mixed system of accounting-Asseseee cannot follow cash system selectively for certain receipts-Statutory provisions under Act would prevail over any observation/objection/remark of audit party of CAG.
Housing & Urban Development Corporation Ltd. v. ACIT (2019) 174 ITD 785 (Delhi)(Trib.)
S. 145 : Method of accounting-Project completion-Profit and loss account and Balance sheet is prepared on completion of project, provision for expenses in respect of ancillary work yet to be completed has to be taken in to consideration – When the payee is not known it is not possible to deduct tax at source on estimated expenditure – Not liable to deduct tax at source – No disallowance can be made. [S. 40(a)(ia)]
Bengal Peerless Housing Development Co. Ltd. v. DCIT (2019) 69 ITR 217/ 175 ITD 671/ 178 DTR 5 / 199 TTJ 1003(Kol.) (Trib.)
S. 144C : Reference to dispute resolution panel -Not an eligible assessee- Draft assessment order is invalid. [S. 92CA(3)]
ACIT v. Espn Star Sports Mauritius SNCET Companie (2019) 69 ITR 153 (Delhi)(Trib.)