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-Donation to another trust with similar objects-Allowed as deduction in earlier years and latter years-Denial off exemption is not valid. [S.12A]
Dy. CIT v.Sheriff Foundation (2024)112 ITR 72 (SN)(Delhi) (Trib)
S. 10A : Free trade zone-Reconciled entire figure and entire reconciliation matched amount declared in Form 56F-Claim is directed to be allowed. [Form No 56F]
Toppan Merrill Technology Services P. Ltd. v. Dy. CIT (2024)112 ITR 32 (SN)(Chennai)(Trib)
S. 10A : Free trade zone-Eligible profits-Interest income-Income from business eligible for deduction-Foreign exchange gain on exchange earners’ foreign currency account-Allowable.
Tech Mahindra Business Services Ltd. v. ACIT (2024)112 ITR 21 (SN)(Mum)(Trib)
S. 10A : Free trade zone-Computation-Total turnover-Expenses excluded from export turnover to be excluded from total turnover.
Crisil Ltd. v. Add. CIT (2024)112 ITR 56 (Mum)(Trib)
S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Sub-Licence of designated rights-Not royalty-Addition is deleted-Deduction of tax at source-Direction is given to Assessing Officer to verify and allow correct credit of taxes deducted at source.[S. 9(1)(i), Form 26AS.]
ESS v. Asst. CIT (IT) (2024)112 ITR 326 (Trib) (Delhi)(Trib)
S. 4 : Charge of income-tax-Income-Accrual-Interest on non-performing asset-Deletion of addition is affirmed. [R.6EA]
City Union Bank Ltd. v. Dy. CIT (2024)112 ITR 337 /229 TTJ 139 (Chennai)(Trib)
S. 4 : Charge of income-tax-Accrual of income-Bank-Guarantee commission-Earned for unexpired period of guarantee contract-Offered to tax in succeeding years over period of guarantee-Interest from non-performing assets-Addition is deleted. [S. 4, 43D, R,6EA]
Axis Bank Ltd. v. Asst. CIT (2024)112 ITR 28 (Ahd)(Trib)
S. 276CC : Offences and prosecutions-Failure to furnish return of income –No regular assessment completed-Assessee did not fall within meaning and scope of a regular assessment to get protection to proviso (b) to section 276CC-Writ petition to quash the prosecution is dismissed. [S. 279, Art. 226]
Ramakrishnan Ramasubramani v. ITO (2024) 301 Taxman 522 (Mad.) (HC)
S. 276C : Offences and prosecutions-Willful attempt to evade tax-Tax paid with interest-No penalty provision-The assessee is not be allowed to suffer and to face criminal trial and same could not sustain in eyes of law.[S.140A, 277, Art. 226]
Narendar Singh @ Narendra Singh v. UOI (2024) 301 Taxman 568 (Jharkhand)(HC)