S. 22 : Income from house property – taxed as house property for many years-No change in facts-Cannot be treated as income from business and profession. [S.28(i)]
Pawa Builders Pvt. Ltd. v. Dy. CIT (2023)101 ITR 43 (SN.)(Delhi) (Trib)
Digest of case laws
Online digest of latest case laws
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
Click here to download the pdf versions of the Digest of case laws S. 17(3) :Salary-Profits in lieu of salary-Ex-gratia –Voluntary payment-Without establishing letter as non-genuine or without examining sanctity of payment made – Addition is not justified .[S. 10(10C), 15,17(3)(iii)]
Mahadev Vasant Dhangekar v. ACIT (2023) 201 ITD 5/ 224 TTJ 1 (UO) (Pune)(Trib.)S. 14A : Disallowance of expenditure-Exempt income-No exempt income – Disallowance cannot be made-Amendments to section 14A by Finance Act, 2022-No retrospective effect. [R. 8D]
DCIT v. Welspun Steel Ltd (Mum)(Trib)S. 14A : Disallowance of expenditure-Exempt income-No exempt income – Disallowance cannot be made-Amendment made by Finance Act, 2022 to section 14A by inserting a non-obstante clause and Explanation will take effect from 1-4-2022 and cannot be presumed to have retrospective effects.[R.8D]
ACIT (LTU) v. Tamilnadu Petroproducts Ltd. (2023) 103 ITR 92 (SN) (Chennai)(Trib)S. 14A : Disallowance of expenditure-Exempt income-Disallowance cannot exceed exempt income-Amendment introduced by Finance Act, 2022, is prospective.[R.8D]
Radison Projects Pvt. Ltd v ITO (2023) 103 ITR 17 (SN)(Kol) (Trib)S. 14A : Disallowance of expenditure-Exempt income-No fresh investments towards mutual funds made in current year-Disallowance is not valid. [R.8D]
DCDC Health Services P. Ltd. v. ACIT (2023) 105 ITR 60 (Delhi) (Trib)S .14A : Disallowance of expenditure-Exempt income-Disallowance of expenditure cannot exceed exempt income earned .[R.8D]
ABCI Infrastructure P. Ltd. v. ACIT (2023) 154 taxmann.com 397 /104 ITR 95 (Guwahati) (Trib)S .14A : Disallowance of expenditure-Exempt income-Only investments yielding tax free dividend income to be considered for disallowance.[R.8D]
Dy. CIT v. Wahid Sandhar Sugars Ltd. (2023)104 ITR 60 (SN)(Delhi) (Trib)S .14A : Disallowance of expenditure-Exempt income–Amendments to section 14A by Finance Act, 2022 is not retrospective effect. [R.8D]
DCIT v. Welspun Steel Ltd (Mum)(Trib) (UR)S. 14A : Disallowance of expenditure-Exempt income – Disallowance cannot exceed exempt income-A.O. to restrict allowance accordingly. [R. 8d]
Hero Corporate Service Pvt. Ltd. v Dy. CIT (2023)101 ITR 77 (SN)(Delhi) (Trib)