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. 80-O: Royalties – Foreign enterprises -Technical assistance- Principal agent relationship -Information concerning industrial, commercial or scientific knowledge, experience or skill- Major information sent by the appellant to the Sumitomo Corporation was in the form of blue prints for the manufacture of dies for stamping of doors which is not entitle to deduction .

B. L. Passi v. CIT ( 2018) 404 ITR 19/ 165 DTR 143 / 302 CTR 81 (SC) , www.itatonline.org

S. 80M : Inter corporate dividends -Only the actual expenses for earning dividend income ought to be taken and not on estimate basis .

CIT v. Reliance Industries Ltd ( 2018) 161 DTR 420/( 2019) 410 ITR 468 ( Bom) (HC)

S. 80IC : Special category States – Undertaking job work by providing labour and factory space to manufacturers of medicines is entitle to deduction .

CIT v. Aishwarya Health Care. (2018) 401 ITR 398 (Patna) (HC) CIT v .Gunjita Nir Prop. Aishwarya Health Care. (2018) 401 ITR 398 (Patna) (HC)

S. 80IB: Industrial undertakings – Employment of number of workers – Question of fact was examined by the Tribunal, finding of fact .

CIT v. Him Knit Feb. (2018) 400 ITR 76 (HP) (HC)

S.80IA:Industrial undertakings — Income from advertisements on foot over bridges and bus shelters is entitle to deduction .

DCIT v. Vantage Advertising P. Ltd. (2018) 61 ITR 564 (Kolk) (Trib)

S. 80IA :Industrial undertakings – Infrastructure development-
Ownership of undertaking is not Important — Successor in business can claim deduction-Suggestion to tax administration -Revenue to host on their web site a plain English version of the enactment [ 80IA)(4) ]

Kanan Devan Hills Plantations Company P. Ltd. v. ACIT (2018) 400 ITR 43 / 300 CTR 172 (Ker) (HC)

S.80IA: Industrial undertaking – Infrastructure facility – – Container freight station ( CFS) is eligible deduction as an infrastructure facility – Strictures passed against Dept’s Advocate for “most unreasonable attitude” of seeking to reargue settled concluded issues and not following the judicial discipline and law of precedents .

PCIT v. JWC Logistics Park Pvt. Ltd( 2018) 404 ITR 310 (Bom)(HC) , www.itatonline.org

S. 80HHC : Export business – Amendment with retrospective effect imposing conditions for exporters having turnover above Rs. 10 Crores , was held to be prospective in nature [ S. 28(i)]

Sarita Handa v. UOI (2018) 400 ITR 567 (Delhi) (HC) Sarita Handa v. UOI (2018) 400 ITR 567 (Delhi) (HC) Omsons Worldwide v. UOI (2018) 400 ITR 567 (Delhi) (HC)

S.80HHC: Export — Generation of profit in export business is irrelevant –Formula to be applied – Income from high sea sales to be included – Loss incurred in export business is eligible deduction [ S.80HHC (3) (c ) ]

CIT v. Jameela, J. S. Cashew Exporters. (2018) 401 ITR 391/ 165 DTR 287 (Ker) (HC)

S. 80HHC : Export business – Ninety per cent. of only net interest is to be Included in profits of business As Computed under head “Profits and gains of business.

CIT v. Banaras House Ltd. (2018) 402 ITR 88 (Delhi) (HC)