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. 11 : Property held for charitable purposes-Depreciation — No capital expenditure claimed in earlier years — Depreciation is allowable. [S. 2(15), 11(1)(a), 32]

Asst. DIT (E) v. Maharshtra Samaj (2023) 108 ITR 657 (Mum) (Trib)

S. 10(10AA) : Leave salary-Employee of the Central Government or State Government-Originally employed by Government but retiring from service of Government undertaking-Whether Entitled To Full Exemption — Matter remanded to Assessing Officer-CIT(A) has the power to entertain fresh claim which is not made in the return.[S. 143(1), 250]

Devendra Mehta v.Dy. CIT (2023)108 ITR 6 (Jabalpur) (Trib)

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Not adding any value to laboratory report but acting as medium to procure report from laboratory having higher credibility — Not fees for technical services.

Mosdorfer Gmbh v.Asst. CIT (IT) (2023)108 ITR 44 (SN)(Delhi) (Trib)

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Income from software sales and support services — Addition is deleted-DTAA-India-Singapore.[art. 12(4)]

Software One Pte. Ltd. v.Asst. CIT (IT) (2023)108 ITR 464 (Delhi)(Trib)

S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-Permanent Establishment —Attribution of profit is without any basis.

Mosdorfer Gmbh v. Asst. CIT (IT) (2023)108 ITR 44 (SN)(Delhi) (Trib)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Dependent agency permanent establishment — Remunerated by the assessee for commission activities on arm’s length basis, no further attribution was required. The Assessing Officer was directed to delete the addition.

Krones Aktiengesellschaft v. Dy. CIT (IT) (2023)108 ITR 705 (Delhi) (Trib)

S. 4 : Charge of income-tax-Block of assets-Assessee reducing Block of assets from item and claimed depreciation on reduced Block of asset — Addition is not sustainable.[S. 2(11)]

ITO v. Umed Meghraj Jain (2023)108 ITR 58 (SN) (Ahd) (Trib)

S. 4 : Charge of income-tax-Interest received on deposits in Consolidated fund of India-Not chargeable to tax-Directed the Assessing Officer to verify the facts.[S.143(3)]

Dy. CIT v. National Highways And Infrastructure Development Corp India (2023)108 ITR 21 (SN)/2024) 204 ITR 1/ 227 TTJ 1 (UO) (Delhi)(Trib)

S. 4 : Charge of income-tax-Principle of mutuality — Payments were reimbursement and exempt from taxation and covered by principle of mutuality.

Dy. CIT (IT) v. Deloitte Touche Tohmastu (2023)108 ITR 577 (Delhi) (Trib)

S. 4 : Charge of income-tax-Capital or revenue-Duty credit entitlement under served from India Scheme-credit only be utilised by set off against duties arising on purchase of capital goods or spare-Capital in nature.[S. 28(i), 32, 43(1)]

Chennai Container Terminal P. Ltd v. Dy. CIT(2023) 108 ITR 147 / 154 taxmann.com 68 (Mum)(Trib)