S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Offshore sales of books/journals or providing access to online journals/online library-Not royalty-Services of providing access to online database/journals did not fall under FIS as services did not satisfy clause make available as required for provisions of article 12 of DTAA-India-USA [S.9(1)(vii), Art. 12]
John Wiley and Sons Inc. v. DCIT, IT (2024) 208 ITD 655/114 ITR 52(SN) (Delhi) (Trib.)
Digest of case laws
Online digest of latest case laws
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
Click here to download the pdf versions of the Digest of case laws S. 9(1)(v) : Income deemed to accrue or arise in India-Interest-Interest payment to China Development Bank (CDB)-Financial institution wholly owned by Government of China-Exemption-Not liable to deduct tax at source-DTAA-India-China.[S. 195, Art. 11(3)]
ITO v. Tata Teleservices Ltd. (2024) 208 ITD 648 (Delhi) (Trib.)S. 9(1)(ii) : Income deemed to accrue or arise in India-Salaries-Shipping, Inland waterways Transport and Air Transport-Salary-Salary income received by assessee-NRI from his foreign employer for working in international waters is exempt income-DTAA-India-Singapore. [S. 2(25A), 5(2)(b) 6, Art.8]
Pralay Pradyotkanti Ghosh v. ITO (IT) (2024) 208 ITD 163 (Ahd) (Trib.)S. 2(42A) : Short-term capital asset-Capital gains-Unlisted shares-Investment in a residential house-Amended provisions of section 2(42A), which exclude holding period of unlisted shares being held for 12 months to be treated as long-term capital gain is applicable from assessment year 2015-16-Shares held around 31 months-Matter remanded to decide issue afresh as per provisions of law. [S. 45, 54F]
Ravi Jakhar v. ACIT (2024) 208 ITD 633 (Mum)(Trib.)S. 119 : Central Board of Direct Taxes- Circular – Return of income – Condonation of delay – Jurisdictional error – Power vested in CBDT – Order passed by Dy.CIT (OSD) (OT & WT) is without jurisdiction – Quashed and remanded to CBDT. [ S.119(2)(b) , 139, Art. 226 ]
ND’s Art World Private Limited v. Add.CIT (OSD) (Bom)(HC) www.itatonline .orgS. 147: Reassessment – Objection disposed along with the assessment order – Order passed without disposing the objection by passing a separate order- Failure to dispose of objections separate order – Reopening notice and reassessment order is quashed and set aside . [S. 80 IA, 142 (1), 143(3),148, Art. 226 ]
Kesar Terminals & Infrastructure Ltd v. Dy.CIT ( Bom)( HC)Maharashtra Stamps Act, 1958
S. 48 :Application for relief under section 47 – Period for application for relief – Refund Of Stamp Duty – Amended limitation period – Deed of cancellation- Deed of rectification- Accrued right to claim refund arose the moment the cancellation deed is validly executed- Entitled to the benefit of unamended provision of S.48(1)- No Power with Chief Controlling Revenue Authority, Maharashtra State, Pune (CCRA) to recall its own order- Directed to refund the amount with interest @ 6 percent from the date of first order. [S. 47 ,50, Limitation Act, 1963 ,S.30, Registration Act, 1908 , S. 47 ]
Harshit Harish Jain v. The State of Maharashtra MANU/SC/0103/2025(SC)S. 272A : Penalty-Failure to answer questions-Sign statements-Furnish information-Substantial compliance-Levy of penalty is not justified. [S. 143(3), 272A(1)(d)]
Pawan International v. ITO (Chd)(Trib) (UR)S. 271(1)(c) : Penalty-Concealment-Mere disallowance of expenditure no penalty can be levied. [S. 274]
Raj Auto Wheels Pvt. Ltd. vs. DCIT, (2024) 111 ITR 336 (Jaipur)(Trib.)S. 271DA: Penalty for failure to comply with provisions of section 269ST-Transactions in cash exceeding prescribed limit-Bifurcating bills to each customer-Technical or venial breach-Penalty is deleted.[S. 269ST]
Finesse International Design P. Ltd. v. Add. CIT (2024)111 ITR 37 (SN)(Delhi)(Trib)