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. 115BAA: Tax on income of certain domestic companies-Determination of tax in certain cases-Uploaded Form 10-IC electronically on 2-5-2021 i.e. before cut-off date mentioned in CBDT circular No. 6/2022, dated 17-3-2022, i.e. 30-6-2022-Entitled to benefit of section 115BAA(1) for purpose of computation of income.[S. 139(1),Form No 10-IC]b
Madison Communications (P.) Ltd. v. ACIT (2024) 206 ITD 774 (Mum)(Trib.)
S. 115BAA : Tax on income of certain domestic companies-Determination of tax in certain cases-Delay in filing of Form 10-IC-Circular extending the time for filing of return-Eligible for concessional tax rate under section 115BAA.[S. 139(1), Form No. 10-IC]
Sunpack Barrier Films (P.) Ltd. v. ADIT (2024) 112 ITR 1/ 206 ITD 700 (Ahd)(Trib.)
S. 92CA : Transfer pricing Reference to Transfer Pricing Officer-Arm’s Length price-Avoidance of tax-Transfer pricing-Reference to TPO-No reference is made to TPO-Addition is deleted. [S.92C]
Himatsingka Seide Ltd. v. DCIT (2024) 206 ITD 371 (Kol.)(Trib.)
S. 90 : Double taxation relief-Foreign tax-Non-furnishing of Form No.67 before the due date under section 139(1) is not fatal to claim for foreign tax credit-Assessing Officer is directed to allow foreign tax credit as per Form 67 filed after due verification.[R. 128(9), Form No 67]
Deepak Shimoga Padmaraju (2024) 206 ITD 803 (Bang) (Trib.)
S. 90 : Double taxation relief-Foreign tax credit (FTC) cannot be disallowed for delay in filing Form 67 as filing of Form 67 is a directory requirement-DTAA-India-USA [R. 128(9), Art.25]
CES Ltd. v. DCIT (2024) 206 ITD 504 (Hyd)(Trib.)
S. 80P : Co-operative societies-Interest-Investments made in co-operative banks would be eligible for deduction.[S.80P(2)(d)]
Sangli Division Telecom Workers Co-op Credit Society Ltd. v. ITO (2024) 206 ITD 529 (Pune) (Trib.)
S. 90 : Double taxation relief-Foreign tax credit (FTC)-Filed Form No. 67 after due date specified for furnishing return under section 139(1) but before completion of assessment proceedings-Foreign tax credit (FTC) is allowed-DTAA-India-Australia [R. 128, Form No.67, Art. 24]
Niravsinh Kishoresinh Gehlot v. ITO (2024) 206 ITD 123 (Ahd)(Trib)
S. 80P : Co-operative societies-Interest-co-operative bank-Eligible for deduction. [S.80P(2)(a)(i), 80P(2)(d)]
Shree Parashar Vividh Kary Kari Sahakari Vikas Sanstha Maryadit. v. ITO (2024) 206 ITD 663 (Pune)(Trib.)
S. 80P : Co-operative societies-Interest income-Co-Operative Bank-Eligible for deduction-Commission income on collection of MSEDCL bills which was from business activity-Eligible for deduction under section 80P(2)(a)(i) [S. 80P(2)(a)(i), 80P(2)(d)]
Anand Urban Co-operative Credit Society Ltd. v. ITO (2024) 206 ITD 36 (Pune) (Trib.)
S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Developer-Contractor-Developing road, bridges etc-Matter is restored back to Commissioner (Appeals) for fresh adjudication. [S.80IA(4)]
ACIT (OSD) v. M.S. Khurana Engineering Ltd. (2024) 206 ITD 741 (Ahd) (Trib.)