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. 40(a)(i) : Amounts not deductible-Deduction at source-Testing fee to Kema, Netherlands-Payment made to non-resident-Where knowledge of testing is not made available to assessee, same could not be considered as fee for technical services and assessee is not liable to deduct tax at source. [S. 195 ]

ACIT v, Areva T&D India Ltd. (2018) 193 TTJ 11 (UO) (Chennai) (Trib)

S. 36(1)(iii) : Interest on borrowed capital-Finance charges shall not be deductiblewhere the activity carried out by assessee was as investment activity. [S. 37(1)]

Asia Investments Pvt. Ltd. v. ACIT (2018) 167 DTR 59 / 63 ITR 535 / 193 TTJ 214 (Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-If there were funds available both interest-free and over draft and/or loans taken, then a presumption would arise that investments would be out of interest-free fund generated or available with company, if interest-free funds were sufficient to meet investments. [R. 8D]

Bennett Coleman & Co. Ltd. v. Addl. CIT (2018) 164 DTR 145 / 168 ITD 631 / 192 TTJ 377 (Mum.)(Trib.)

S. 12AA : Registration–Trust or institution-Procedure for registration of trust-CIT(E) has to examine the objects of the trust and if they are found to be charitable, the assessee deserves to be granted registration The quantum of the genuineness of the activity can be examined only after the trust comes fully into operation.

ACE Vision Educational & Charitable Trust v. CIT(E) (2018) 168 DTR 458 / 194 TTJ 764 (Chd.)(Trib.)

S. 12AA : Registration–Trust or institution-CIT(E) has to examine the objects of the trust and if they are found to be charitable, the assessee deserves to be granted registration. [S. 12A]

Aasho Charitable Trust v. CIT (E) (2018) 163 DTR 193 / 192 TTJ 86 (Delhi)(Trib.)

S. 10B : Export oriented undertakings – Newly established hundred per cent export-oriented undertakings-Research and development in pharmaceutical, in the export drug related services. Tribunal set aside the matter to AO to decide the nature of business of the company and also to ascertain the claim under S.10B of the Act. [S. 10A]

ACIT (OSD) v. Oxygen Healthcare Research P. Ltd. (2018) 64 ITR 93 (Ahd.)(Trib.)

S. 12AA : Procedure for registration –Trust or institution- Animal care- Amount spent was less than 10 lakhs towards animal care such as food medical etc- Activities would be included under S.2(15) of the Act, accordingly benefit of S.80G(5) (vi) would also be available – Entitle to registration. [ S.2(15), 11, 13, 80G(5)(vi) ]

CIT v. Animal Care Society ( 2018) 99 taxmann.com 232 / 259 Taxman 350( All) (HC) Editorial: SLP of revenue is dismissed CIT v. Animal Care Society ( 2018) 259 Taxman 349( SC)

S. 12AA : Procedure for registration –Trust or institution- At the time of registration what has to be looked in to is whether the trust is a genuine or it is a sham institution- Registration allowed by the Tribunal is held to be justified [ S.11, 12,80G ]

CIT v. Dali Bai Sewa Sansthan ( 2018) 99 taxmann.com 289/ 259 Taxman 347 ( Raj) (HC) Editorial: SLP of revenue is allowed CIT v. Dali Bai Sewa Sansthan ( 2018) 259 Taxman 346 ( SC)

S. 153A : Assessment – Search and seizure-No incriminating material was found- Addition cannot be made in respect of unabated assessment which has became final .[ S.132, 143(3) ]

PCIT v. Jignesh P. Shah (2018) 99 taxmann.com 111 (Bom.) (HC)

S. 80IB(10) : Housing projects- Stilt parking is part and parcel of housing project – Eligible deduction .

CIT v. Gundecha Builders ( 2019) 102 taxmann.com 27( Bom) (HC) www.itatonline.org