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. 50C : Capital gains-Full value of consideration-Stamp valuation Amendment providing for adoption of value as on date of agreement is retrospective . As Amended By Finance Act, 2016.
Anupama Krishna Rao Premaraju (Smt.) v. ITO(IT) (2023) 106 ITR 97 (SN.) / 156 taxmann.com 32 (Hyd) (Trib)
S. 48: Capital gains-Mode of Computation-Long-term capital gains-Full value of consideration-Listed Shares held as investment-Off-market sale under share purchase agreement at price prevailing on date of share purchase agreement-Adoption.
Trak Services P. Ltd. v ITO (2023)106 ITR 58 (SN)/ 226 TTJ 249/ 156 taxmann.com 226 (Delhi)(Trib)
S. 44BB : Mineral oils-Computation-Non-Resident-Royalty-Charter of Vessel with crew for mineral oil extraction-Revenue earned from charter hire charges not royalty-Receipts of reimbursement intricately linked to chartering income-Not taxable-DTAA-India-Singapore. [S. 9(1)(vi), Art. 8(4)(b), 8(4)(c)]
Smit Singapore Pte. Ltd. v .Dy. CIT (IT) (2023)106 ITR 490 / 151 taxmann.com 197 (Mum) (Trib)
S. 44BB : Mineral oils-Computation-Presumptive tax-Non-resident having Permanent Establishment in India-Income from contracts for processing of marine seismic data, seismic data acquisition and processing, hiring of vessel and technology-Taxable on presumptive basis-Advance tax-Non-resident not chargeable with interest. [ S. 9(1)(vii) , 44DA, 234B ]
Western Geco International Ltd. v. Dy. CIT(IT) (2023)106 ITR 134/ 157 taxmann.com 736 (TM) (Delhi) (Trib) Pacific Crest Pte. Ltd. v Dy. CIT (IT) (2023) 201 ITD 11/ 106 ITR 312 / 149 taxmann.com 85 (Delhi) (Trib)
S. 44AD : Presumptive basis-Cash credits-Not required to maintain books of account-No addition can be made-Provision of section 115BBE cannot be applied-Opening capital cannot be added as income from undisclosed sources-Failure to file proof-Deduction under 80C cannot be allowed. [S. 68, 69, 115BBE]
Sumit Gahlot v .ITO (2023)106 ITR 695/ 222 TTJ 1012/ 224 DTR 92 / 152 taxmann.com 185 (Jodhpur) (Trib)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Selling holiday membership plans to members-Matter remanded to the Assessing Officer for verification-Amendment with effect from 1-4-2015 providing for disallowance of thirty Per Cent. of expense to apply for Assessment year 2015-16 and subsequent years-Assessing Officer is directed to apply amended provision.
Citrus Check Inns Ltd. v. Dy. CIT (2023)106 ITR 103 (SN)(Mum) (Trib)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Selling holiday membership plans to members-Matter remanded to the Assessing Officer for verification-Amendment with effect from 1-4-2015 providing for disallowance of thirty Per Cent. of expense to apply for Assessment year 2015-16 and subsequent years-Assessing Officer is directed to apply amended provision.
Citrus Check Inns Ltd. v. Dy. CIT (2023)106 ITR 103 (SN)(Mum) (Trib)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Unexplained expenditure-Project payment to housing society-No supporting evidence-Disallowance is affirmed-Levy of concealment penalty is affirmed [ S.69C 271(1)(c) ]
Dev Sharda Developers P. Ltd. v. ITO (2023) 106 ITR 510/ 156 taxmann.com 124 (Mum) (Trib)
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Interest-Royalty-Fes for technical services-Foreign remittances Failure to file Forms 15CA and 15CBB-Reimbursement of expenses-Disallowance is not justified . [ S. 195 , Forms, 15CA, 15CB ]
Ball Beverage Packaging (India) P. Ltd. v Asst. CIT (2023)106 ITR 6 (SN)(Delhi) (Trib)
S. 37(1) : Business expenditure-Setting up of business Commencement of business-Once the business is set up expenditure is fully allowable subject to verification that assessee had not claimed depreciation thereon and expenditure not claimed in any other year-Payment for expenses against corporate cards given to managerial personnel-Bills not received and expense written off as bad debts-Allowable as business expenditure. [S. 28(i), 32, 35D, 36(1)(vii), 145]
Shin-Etsu Polymer India P. Ltd. v .Dy. CIT (2023)106 ITR 54 (SN)(Chennai) (Trib)