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. 32 : Depreciation -Goodwill -an intangible asset, qualifies for depreciation under the section, in acknowledgment of its value and impact on a company’s financial performance.
S & P Capital IQ (India) P. Ltd. v. Asst. CIT [2024] 109 ITR 56 (SN)/ 205 ITD 217 (Hyd) Trib)
S. 28(i) : Business loss Bad debt – Non-recovery of part of an amount advanced towards purchase of property -Written off in profit and loss account and claimed as deduction while computing income –business loss.[S. 36 (1)(vii), 37(1)]
Biltech Engineers P. Ltd. v. Asst. CIT [2024] 109 ITR 9(SN) (Raipur)(Trib)
S. 14A : Disallowance of expenditure -Exempt income – The provisions of the section are not applicable when the Assessee has not claimed any exempt income.[R. 8D]
Asst. CIT v. Sahara India Financial Corpn. Ltd. [2024] 109 ITR 33 (SN) (Delhi) (Trib)
S. 14A: Disallowance of expenditure -Exempt income -Not recording of satisfaction- Disallowance is not justified.[R.8D]
Leela Devi Sankhlecha (Smt.) v. ITO [2024] 109 ITR 260 (Jodhpur) (Trib)
S. 13 : Denial of exemption-Trust or institution-Investment restrictions – The transaction for purchase of land was a genuine and commercial transaction therefore, the provisions outlined in section 13(2)(a) do not apply to it. [S.11, 12A, 13(1)(c), 13(2)(a)]
Rastogi Education Society v. ITO (E) [2024] 109 ITR 63 (SN.)/ 161 taxmann.com 220 (Raipur)(Trib)
S. 12A : Trust or institution -Registration -Insufficient time to responded to notice -Violation of the fundamental principles of natural justice- The ITAT also set aside the order rejecting the application u/s 80G (5) and directed the CIT (E) to decide the application afresh in accordance with law. [S.12AB 80G(5), Form No. 10A]
Chaitanya Goshala Trust v. CIT (E) [2024] 109 ITR 54 (SN) (Pune) (Trib)
S. 11 : Property held for charitable purposes – Application of income -Expenses incurred on the repairs or renovation of its assets used for charitable purposes are also considered as income application towards the charitable aims. [S. 11(1)(a), 12A]
Bombay Society of the Salesian Sister India v. ITO [2024] 109 ITR 44 (SN) (Mum)(Trib)
S. 11 : Property held for charitable purposes -Income from property –Revising the claim with higher deduction -Not filed the return and Form No 10 within due date prescribed under section 139(1) of the Act -Not justified in not allowing the deduction for amount accumulated under section 11. [S. 11(2), 139(1), 143(1), Form No. 10]
ITO (E) v. Ramji Mandir Religious and Charitable Trust [2024] 205 ITD 150 (Ahd) (Trib)
S. 10(10AA) : leave salary -Employee of the central government or state government -Leave encashment – Directed to allow the exemption. [S. 154]
Vijay pemmaraju v. ITO [2024] 204 ITD 663 (SMC) (Vishakha) Trib)
S. 9(1)(vi) : Income deemed to accrue or arise in India -Royalty -Taxation of receipts from the sale of software to Indian entities under the India- agreements merely granted the right to use software without transferring copyright ownership -Held, not liable to tax-DTAA -India – Singapore. [Art. 12(3)]
Finastra International Financial Systems PTE Ltd. v. Asst. CIT(IT) [2024] 109 ITR 36 (SN) /205 ITD 338 (Delhi) (Trib)