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. 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)

S. 80IA: Industrial undertakings-Infrastructure development-Failure to file Form No 10CCB-Disallowance is justified.

Dy. CIT v. Wind World India Ltd. (2022)98 ITR 22 (Mum)(Trib)

S. 80HHC : Export business-Book profit-Eligible for entire deduction on export. [S. 115JB Expln. (iv).]

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

S. 80GGC : Contribution-Any person-Political parties-Evidence not provided-Funds transferred to proprietor of firms and further transferred to other entities-Financial manoeuvre to legalize illicit money and to evade taxes-Disallowance is justified.

Pavan Anil Bakeri v. Dy. CIT (2022)98 ITR 71 (SN) (Ahd) Trib)

S. 80G : Donation-Charitable objects-Expenses are less than the prescribed percentage-Directed to allow the approval. [S. 80G(5)(vi)]

Shri Sant Zolebaba Sansthan Chikhali v. CIT (E) (2022) 215 DTR 229 / 220 TTJ 540 (Pune)(Trib.)

S. 80G : Donation-Charitable institution-No allegation that the Trust did not fulfil conditions required Under Section 80G(5)(vi)-Denial of approval is not valid. [S. 12AA, 80G(5)(vi)]

Gayatri Parivar Trust Bhoranj v. CIT (E) (2022)96 ITR 435 (Chd) (Trib)

S. 74 : Losses-Capital gains-Amalgamation-Carry forward and set off-Long-term capital loss of amalgamating company-The benefit of carry forward and set-off has to be allowed to the amalgamated company-.Section 72A applies only in respect of accumulated losses and unabsorbed depreciation under the head Profits and gains of business or profession. [S. 72A]

Capgemini Technology Services India Ltd. v. Dy. CIT (2022) 220 TTJ 409 (Pune) (Trib)

S. 74 : Losses-Capital gains-Carry forward and set off by non-Resident-Capital losses which have been brought forward from earlier years have to be carried forward to the subsequent years without setting off the same against the capital gains of the relevant assessment year-DTAA-India-Mauritius. [S. 90, Art. 13(4)]

ACIT v. J.P. Morgan India Investment Co. Mauritius Ltd (2022) 220 TTJ 281// 219 DTR 1 / (2023) 198 ITD 392 (Mum) (Trib)

S. 73 : Losses in speculation business-Loss incurred on shares and derivatives could not be treated as speculation Loss-Gross total income comprised mainly of income from other sources much greater than income from business. [S.73, Expln.]

Dy. CIT v. Quant Securities Pvt. Ltd. (2022) 98 ITR 83 (SN)(Mum) (Trib)