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. 28(i) : Business loss-Penny stock-Share trading-Information from investigation wing-VAS Infrastacture Ltd. (VASIL)-Not black listed by SEBI-Order of Tribunal allowing the loss is affirmed. [S. 10(38), 45, 260A]

PCIT v. Genuine Finance P. Ltd. (2023) 294 Taxman 303 (Guj.)(HC)

S. 28(i) : Business loss – Marked-to-market Loss-On open equity tock future contracts-Forward contracts-Suffered on stock-In-Trade – Speculative transaction-Ascertained loss – Allowable as deduction-SLP of revenue is dismissed. – Supreme Court – Special Leave Petition Dismissed. [S. 37(1), 43 (5), 73]

PCIT v. DSP Merill Lynch Capital Ltd. (2023) 456 ITR 768 / 294 Taxman 161 / 333 CTR 569 (SC) Editorial : PCIT v. DSP Merill Lynch Capital Ltd (2022) 142 taxmann.com 579 / (2023) 21 ITR-OL 710 (Bom)(HC), affirmed.

S. 22 : Income from house property-Principle of mutuality-Matter remanded to the Tribunal for fresh decision. [S. 254(1), 260A]

Saturday Club Ltd. v. PCIT (2023) 294 Taxman 459 (Cal.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-No exempt income earned-Question of law admitted.[R.8D, 260A]

PCIT v. Urban Infrastructure Holding (P.) Ltd. (2023) 294 Taxman 496 (Bom.)(HC) Editorial : Arising from order of ITA No. 1979/Mum / 2015 dated 31-3 2017. (AY. 2009-10)

S. 14A : Disallowance of expenditure-Exempt income-Failure to record dissatisfaction-Not earned any exempt income-Order of Tribunal deleting the disallowance is affirmed. [S. 115JB, 260A, R.8D]

PCIT(C) v. JSW Energy Ltd. (2023) 294 Taxman 407 /(2024)460 ITR 496 (Bom.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Strategic investments-Subsidarry companies, associate concerns and partnership firms-Restricted 5% of aggregate of expenditure-Order of Tribunal was quashed and set aside-a Assessing Officer was directed to pass an order in accordance with law and formula laid down in Maxopp Investment Ltd. v. CIT [2018] 254 Taxman325 / 402 ITR 640 (SC). [R. 8D, 260A]

PCIT v. D.B. Realty (P.) Ltd. (2023) 294 Taxman 241 (Bom.)(HC)

S. 11 : Property held for charitable purposes-Capitation Fee-No action was initiated against by State for any violation of the Act-Certificate was issued under section. 12A of the Act-Denial exemption is held to be not justified.[S. 12, 12A, Karnataka Educational Institution (Prohibition of capitation fee) Act, 1984]

PCIT (E) v. Rashtreeya Sikshana Samithi Trust (2023) 294 Taxman 349 / 334 CTR 705 (Karn.)(HC)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Computer software-Maintenance and support services-Not payment of royalty for use of copyright in computer software-Not taxable in India-DTAA-India-Singapore. [S. 9(1)(i), 195, Art. 12]

CIT (IT) v. Symantec Asia Pacific Pte. Ltd. (2023) 153 taxmann.com 26 (Delhi) (HC) Editorial : SLP of revenue dismissed, CIT (IT) v. Symantec Asia Pacific Pte. Ltd (2023) 294 Taxman 340 (SC)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Diamond testing services for certification of diamond from USA-Services could not be treated as Fees for technical services-Mere rendering of services cannot be held to be fees for technical services, unless the person utilising the services is able to make use of the technical knowledge etc DTAA-India-USA. [S. 195, 201(1), 201(IA), Art. 12]

CIT(IT) v. Star Rays (2023) 457 ITR 1/ 294 Taxman 641 /334 CTR 908 (Guj)(HC)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Commission-Rendering support in business operations in printed and on-line sale of books and journals – Receipts are not fees for technical services-Subscription Received from third-party customers in India for sale of E-Journals, Online Journals and books under Commissionaire agreement – No copy right granted-Not assessable as royalty-DTAA-India-Germany. [S.9(1)(vi), Art. 12]

CIT (IT) v. Springer Nature Customer Services Centre GMBH(2023) 458 ITR 728/ 294 Taxman 167 / 333 CTR 845 (Delhi)(HC)