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. 36(1)(va) : Any sum received from employees-Late deposit of employee’s contribution to PF and ESI-Disallowance is justified-Assessment order under section 143(1)(a) would make no difference.[S.143(1)(a), 260A]
Rohan Korgaonkar v. Dy. CIT (2024) 298 Taxman 159 (Bom.)(HC)
S. 36(1)(iii) : Interest on borrowed capital-Loan to subsidiary-Subsidiary was incurring losses-Loan from banks at rate 14 to 16 percent-Advance to subsidiary at rate of 6 percent-No disallowance was made in earlier years-Rule of consistency-Order of Tribunal is affirmed-No substantial question of law.[S.260A]
PCIT v. Uniparts India Ltd. (2024) 298 Taxman 212 (Delhi)(HC)
S. 14A : Disallowance of expenditure-Exempt income-Borrowed capitals-Investing in shares to earn income from dividend-Expenditure incurred on interest paid on borrowed funds is not allowable as deduction. [S.10(33), 36(1)(iii), 260A]
Mahesh K. Mehta v. Dy. CIT (2024) 298 Taxman 238 /471 ITR 237 (Bom.)(HC)/Editorial : SLP is dismissed , Mahesh K. Mehta v. Dy. CIT (2024) 300 Taxman 600/ 469 ITR 397 (SC)
S. 14A : Disallowance of expenditure-Exempt income-Not recording of satisfaction-Order of Tribunal deleting the addition is affirmed.[S. 10(34), 45, 260A, R.8D]
PCIT v. Tata Capital Ltd. (2024) 298 Taxman 714 (Bom.)(HC)
S. 13A : Political parties-Electoral Bond Scheme-Declared unconstitutional-Direction to submit details of Electoral Bonds purchased-Time to extend the publication of details of purchsers of Bonds-The miscellaneous Application filed by SBI seeking an extension of time for disclosure of details of purchase and redemption of Electoral Bonds until 30-6-2024 was dismissed and SBI was directed to disclose details by close of business hours on 12-3-2024. [Art. 19(1)(g)]
State Bank of India v. Association for Democratic Reforms (2024) 298 Taxman 352 (SC) Editorial : Association of Democratic Reforms v.UOI (2024) 159 taxmann.com 383 (SC)/[2024] 183 SCL 147 (SC)/[2024] 243 COMP CASE 115 (SC)
S. 13A : Political parties-Denial of exemption-Stay-Pendency of matter before Supreme court-Concession made by Revenue, no coercive action of any nature shall be taken against assessee till next date of hearing on 24-7-2024 [S. 11, Art. 136]
Indian National Congress (I) / All India Congress Committee v. CIT (2024) 298 Taxman 749 / 337 CTR 998 (SC) Editorial: Indian National Congress v. Dy.CIT(2024) 160 taxmann.com 359 (Delhi)(HC)
S. 12AB : Registration-Trust or institution-Wrong section code in Form 10A-Rejection of application is set aside-Matter remanded for reconsideration by Commissioner (Exemption).[S.11,Form No 10A, Art. 226]
Parmeswari Bai Memorial Trust v. CIT (E) (2024) 298 Taxman 711 (Orissa)(HC)
S. 11 : Property held for charitable purposes-Capital gains-Memorandum of Understanding (MOU)-Symbolic possession-Permission from the Charity Commissioner-Capital asset is held to be wholly for the purpose of charitable purpose-Legal possession-Sale proceeds were invested with nationalised bank-Entitle to claim exemption-Order of Tribbunal is affirmed-No substantial question of law. [S.11(IA), 260A]
CIT (E) v. Shree Ram Ashram Trust Nashik (2024) 298 Taxman 40 (Bom.)(HC)
S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Fees for technical services-Revenue from software sales to Indian clients, said revenue could not be treated as royalty and subjected to Indian taxation-DTAA-India-USA [S.9(1)(vii), 195, art. 12, Art.136]
CIT (IT) v. Microsoft Regional Sales Pte.Ltd (2024) 298 Taxman 3 (SC) Editorial : CIT(IT) v. Microsoft Regional Sales Pte.Ltd (2024) 159 taxmann.com 278 (Delhi)(HC)