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. 194C : Deduction at source–Contractors-Payments for services rendered towards maintenance of its medical equipments-Liable to be deduct tax at source u/s 194C and not under S. 194J of the Act.[S. 194J]
CIT v. Saifee Hospital. (2019) 262 Taxman 343 (Bom.)(HC)
S. 194C : Deduction at source – Contractors – Annual Maintenance Contract in respect of various specialised hospital equipments – Not be in nature of fees for technical services- Deduction of tax at source as contractor- Held to be proper. [S.194J ]
CIT v. Asian Heart Institute and Research Centre (P.) Ltd. (2019) 262 Taxman 395 /(2020) 423 ITR 75 (Bom.)(HC)
S. 147 : Reassessment –With in four years- An issue which was never examined by Assessing Officer during original scrutiny assessment, reopening of assessment was justified . [ S.11, 13 , 148]
Hinduja Foundation v. ITO (2019) 262 Taxman 111 (Bom.)(HC)
S. 147 : Reassessment–With in four years-Cash credits–Bogus accommodation entries- sums were received in earlier assessment year 2010-11 and were already verified and assessed by revenue authorities- Reopening of assessment in current assessment year is held to be not valid. [S. 68, 133, 148].
Jalaram Enterprises (P.) Ltd. v. ITO (2019) 262 Taxman 404 (Bom.)(HC)
S. 147 : Reassessment–Deemed dividend-Audit information-Loan from company-loan transaction was duly scrutinized by Assessing Officer in original assessment-Notice was issued on insistence of audit party- Reassessment is held to be bad in law. [S.2(22)(e), 148]
Hamilton Housewares (P.) Ltd. v. DCIT (2019) 262 Taxman 410 (Bom.)(HC) Hamilton Housewares (P.) Ltd. v. DCIT (2019) 262 Taxman 418 (Bom.)(HC)
S. 115V-I : Shipping business – Shipping income -Tonnage tax scheme-Forex rate fluctuation gains -Gains on account of exchange rate variations of foreign loan taken for purchase of ships being connected to assessee’s core activities of operating qualifying ships would be entitled to benefit under Chapter XII-G.
PCIT v. M. Pallonji Shipping (P.) Ltd. (2019) 262 Taxman 326/ 177 DTR 115/ (2020) 314 CTR 827 (Bom.)(HC)
S. 92C : Transfer pricing–Arm’s length price-Company which outsources its work is not comparable for ALP determination with a company that does activity inhouse-A company having substantial related party transactions, could not be selected as comparable.
PCIT v. Pfizer Ltd. (2019) 262 Taxman 215/ 308 CTR 389/ 177 DTR 110 (Bom.)( HC)