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. 11 : Property held for charitable purposes-Research work in area of micro wave electronics-No changes in facts-Denial of exemption is not valid.[S. 2(15) 12A]
DCIT v. Society for Applied Microwave Electronics Engineering Research Bombay. (2024) 208 ITD 339 (Mum) (Trib.)
S. 10(38) : Long term capital gains from equities-STT was not paid at time of acquisition of shares-Entitle to exemption. [S.115U]
DCIT v. Business Excellence Trust. (2024) 208 ITD 173 (Mum) (Trib.)
S. 10 (23C): Non profit organization-Promoting export of leather industries-Objectives of general public utility-Net surplus was less than 20 per cent of total receipts-Exemption cannot be rejected under second proviso to section 2(15).[S. 2(15), 10(23C)(iv)]
Council for Leather Exports v. DCIT (2024) 208 ITD 416/231 TTJ 873/242 DTR 272 (Chennai) (Trib.)
S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Marketing services-Commission on sales-Subsidiary of SEPL India-Performed pure sales function by connecting potential customers from US by performing presales activity of introducing SEPL India-Not taxable in India-DTAA-India-USA[Art. 12]
Steer America Inc. v. DCIT (IT) (2024) 208 ITD 262 (Bang) (Trib.)
S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Offshore sales of books/journals or providing access to online journals/online library-Not royalty-Services of providing access to online database/journals did not fall under FIS as services did not satisfy clause make available as required for provisions of article 12 of DTAA-India-USA [S.9(1)(vii), Art. 12]
John Wiley and Sons Inc. v. DCIT, IT (2024) 208 ITD 655/114 ITR 52(SN) (Delhi) (Trib.)
S. 9(1)(v) : Income deemed to accrue or arise in India-Interest-Interest payment to China Development Bank (CDB)-Financial institution wholly owned by Government of China-Exemption-Not liable to deduct tax at source-DTAA-India-China.[S. 195, Art. 11(3)]
ITO v. Tata Teleservices Ltd. (2024) 208 ITD 648 (Delhi) (Trib.)
S. 9(1)(ii) : Income deemed to accrue or arise in India-Salaries-Shipping, Inland waterways Transport and Air Transport-Salary-Salary income received by assessee-NRI from his foreign employer for working in international waters is exempt income-DTAA-India-Singapore. [S. 2(25A), 5(2)(b) 6, Art.8]
Pralay Pradyotkanti Ghosh v. ITO (IT) (2024) 208 ITD 163 (Ahd) (Trib.)
S. 2(42A) : Short-term capital asset-Capital gains-Unlisted shares-Investment in a residential house-Amended provisions of section 2(42A), which exclude holding period of unlisted shares being held for 12 months to be treated as long-term capital gain is applicable from assessment year 2015-16-Shares held around 31 months-Matter remanded to decide issue afresh as per provisions of law. [S. 45, 54F]
Ravi Jakhar v. ACIT (2024) 208 ITD 633 (Mum)(Trib.)
S. 119 : Central Board of Direct Taxes- Circular – Return of income – Condonation of delay – Jurisdictional error – Power vested in CBDT – Order passed by Dy.CIT (OSD) (OT & WT) is without jurisdiction – Quashed and remanded to CBDT. [ S.119(2)(b) , 139, Art. 226 ]
ND’s Art World Private Limited v. Add.CIT (OSD) (Bom)(HC) www.itatonline .org
S. 147: Reassessment – Objection disposed along with the assessment order – Order passed without disposing the objection by passing a separate order- Failure to dispose of objections separate order – Reopening notice and reassessment order is quashed and set aside . [S. 80 IA, 142 (1), 143(3),148, Art. 226 ]
Kesar Terminals & Infrastructure Ltd v. Dy.CIT ( Bom)( HC)