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 -Non-resident – Fes for technical services -Service of market survey rendered by foreign agents is only incidental to function of commission agent, it cannot be regarded as FTS- Not liable to deduct tax at source [ S.9(1)(vii), 40(a)(ia),195 ]
Evolv Clothing Co. (P.) Ltd. v. ACIT (2018) 407 ITR 72 / 257 Taxman 171/ 168 DTR 1 (Mad) (HC) Editorial: Order in ACIT v. Evolv Clothing Co. (P.) Ltd ( 2013) 142 ITD 618( Chennai) ( Trib) is reversed
S. 36(1)(va) :Contribution approved gratuity fund -Employer’s contribution is allowable as deduction if the payment is made before due date of filing of return u/s 139(1)- Deduction in respect of employees’ contribution to ESI and EPF is available only if same is paid within due date as specified under relevant statutes.[ S. 2(24)(x), 43B , 139(1) ]
Popular Vehicles & Services (P.) Ltd. CIT (2018) 406 ITR 150/ 257 Taxman 120/ 304 CTR 407/ 169 DTR 303 (Ker)(HC)
S. 36(1)(iii) :Interest on borrowed capital -Construction business-Stock in trade – Interest paid on borrowings for purchase land -Allowable as revenue expenditure.
Jayantilal Investments v. ACIT (2018) 257 Taxman 103/ 170 DTR 220 (Bom)( HC)
S. 32 : Depreciation – Charitable Trust -Depreciation is allowable Computation provision did not discriminate between a charitable Trust and other assesses.[ S.11, 12A, 263 ]
CIT v. Agricultural Produce Market Committee. (2018) 408 ITR 231/257 Taxman 234 (Karn)( HC)
S. 23 : Income from house property – Annual value – Interest free security deposit – Interest offered as income from other sources-Notional interest on interest free deposit cannot be considered to determine annual letting value of property- Notional addition would amount to double taxation .[ S.22, 23(1)(b) ]
PCIT v. Karia Can Co. Ltd. (2018) 257 Taxman 189 (Bom) ( HC)
S. 13 : Denial of exemption-Trust or institution-Investment restrictions -Trust was restrained from converting shares held by it in private limited company to other forms of permissible investment by virtue of restraint order of High Court in case of settlors from whom it had received shares, it could not be held liable for violation of provisions of S. 11(5) read with S. 13(1)(d) for holding shares for more than prescribed period- Exemption cannot be denied .[ S.11(5) ,113(1)(d) ]
CIT v. Bhai Mohan Singh Foundation ( 2018) 95 taxmann.com 332 ( Delhi) (HC) Editorial: SLP of revenue is dismissed ;CIT v. Bhai Mohan Singh Foundation. (2018) 257 Taxman 90 (SC)
S. 11 : Property held for charitable purposes – Accumulation of income did not exceed 15 per cent of income -Entitle exemption [ S.12A, 263 ]
CIT v. Agricultural Produce Market Committee. (2018)408 ITR 231/ 257 Taxman 234 (Karn)( HC)
S. 10(10C) :Public sector companies – Voluntary retirement scheme -ICICI Bank- Early Retirement Option Scheme- Entitled to exemption even though the assessee had filed revised return under S. 139(5), for relevant year beyond prescribed time period. [ S.139(5) ]
N. Annamalai v. PCIT (2018) 257 Taxman 192 (Mad)( HC)