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. 80IB(10) : Housing projects-VAT liability pertaining to earlier years arising during relevant Assessment Year-Allowable expenditure; VAT pertaining to eligible projects cannot be claimed as deduction against income of non-eligible project merely for absence of revenue in eligible projects. [S. 145]

Nandan Associates v. ITO (2022) 216 DTR 409 / 97 ITR 35 (SN) / 219 TTJ 114 / 145 taxmann.com 309 (SMC) (Pune)(Trib)

S. 144C : Reference to dispute resolution panel – Procedure for filing objections –Natural justice – Form No 35A signed by the Advocate –Authorised Representative is not entitle to verify and sig the Form No 35A – Dismissal of objection by DRP without giving an opportunity to rectify the defects is violation of principle of natural justice – The Tribunal directed the Assessee to file objections before LD DRP within 30 days from the date of receipt of this order duly verified in accordance with law and directed the DRP to decide the objection in accordance with the law. [S. 2(7) , 2(31), R. 2(vi), 4(1) , 5, 7 , 9, Form No 35A]

Bridge India Fund, New Delhi v. ACIT ( Mum)( Trib) www.itatonline .org

S. 80IB(10) : Housing projects-Revised return-Survey-Deduction made in original return withdrawn in revised return-No evidence to claim that deduction withdrawn due to pressure of Assessing Officer during survey-Plea to direct CIT (A) to allow deduction not sustainable.[S. 80A(5),133A, 139(1)].

Dy. CIT v. Kishor Shankar Garve (2022)97 ITR 49 (SN) (Pune) (Trib)

S. 80IB(10) : Housing projects-Builder and developer-Approval by local authority on 30-3 2013-Completion certificate on 30-3-2013-Not eligible for deduction.

ACIT v. Vijay Tukaram Raundal (2022) 219 TTJ 641 /218 DTR 129 / (2023) 147 taxmann.com 53 (Pune)(Trib)

S. 80IB(10) : Housing projects-Earlier order of CIT(A) was accepted-Matter remanded.

Dy. CIT v. Joy Syndicate And Enclave Pvt. Ltd. (2022)99 ITR 49 (SN) (Jaipur)(Trib)

S. 80IB(10) : Housing projects-Commercial space-Developer-Provision application prospectively-Completion of project before specified time-Proof not produced before lower authority-Matter remanded.

Dy. CIT v. Sahara India Sahkari Awas Samiti Ltd. (2022)98 ITR 634 (Delhi) (Trib)

S. 80IB(7) : Hotel business-Return-Failure to file return within due date-Not eligible deduction-Directed to decide as per direction of the CBDT. [S.10A, 80AC, 119(2B) 139(1)]

Hyagreeva Hotels and Resorts Pvt. Ltd v. Dy. CIT (2022)97 ITR 70 (SN.) (Bang) (Trib)

S. 80IB : Industrial undertakings-Subsidy-Profits derived from business-Subsidies given by Government to enable sale to Farmers at, or below, maximum retail price-Form part of business profits-Subsidy eligible for deduction. [S. 2(24)(xvii), 148]

TATA Chemicals Ltd. v. Dy. CIT (2022)95 ITR 134/ 216 TTJ 402 (Mum)(Trib)

S. 80IA : Industrial undertakings-Infrastructure development-Fair market value-Price sold by State Electricity Board to consumers-Not at which the price is supplied by assessee to State Electricity Board. [S. 80IA(8)]

Jindal Steel and Power Ltd v. Add. CIT (2022)97 ITR 516 (Delhi) (Trib)

S. 80IA :Industrial undertakings-Infrastructure development-Abnormal profits-Eligible for deduction. [S.10B(7), 80IA(7), 115JB]

Dy. CIT v. Halliburton Technology Industries Pvt. Ltd. (2022) 99 ITR 699 (Pune) (Trib)