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 income-Application fees, front-end fees and processing fees -Recognition on realization basis –Addition on an accrual basis was deleted.[S. 4, 5, 145]
Housing & Urban Development Corporation Ltd. v. DCIT [2025] 128 ITR 387 (Delhi)(Trib.)
S. 14A: Disallowance of expenditure relating to exempt income -Recording of satisfaction by Assessing Officer is mandatory-Business loss -Allowable as deduction. [S. 28(i), 37(1)]
Asst. CIT v. Span India (P.) Ltd. (2025) 128 ITR 536 (Delhi)(Trib.).
S.14A: Disallowance of expenditure-Exempt income-Disallowance cannot exceed exempt income. [R.8D]
Housing & Urban Development Corporation Ltd. v. DCIT [2025] 128 ITR 387 (Delhi) (Trib.)
S.14A: Disallowance of expenditure-Exempt income-Expenditure incurred in relation to income not includible in total income-Assessee’s own funds were much higher than investments that yield exempt income-Addition was deleted. [S.10(34), R.8D(2)(ii)]
ACIT v. Doshion Veolia Water Solution (P.) Ltd. (2025) 128 ITR 128 (Mum) (Trib.) ACIT v. Doshion Water Solution P. Ltd (2025) 128 ITR 128 (Mum) (Trib.)
S. 11: Property held for charitable purposes-Accumulation of income -Investment in prescribed mode -Delay of a few days in converting bank balance into fixed deposit does not disentitle exemption. [S. 11(2),11(5), 12AA, Form No.10, Rule 17]
Rajasthan Ophthalmological Society v. ITO (2025) 128 ITR 525 (Jaipur)(Trib.).
S. 10(23C): Educational institution -Registration -Wrong provision mentioned in application -Technical mistake by counsel -Genuine institution already in existence -Final approval cannot be denied on hyper-technical ground. [First proviso cls. (iii), (iv)]
Indian Institute of Management v. CIT (2025) 128 ITR 23 (Chd.)(Trib).
S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty -Software licence fee -Not royalty-Receipts for services, not fees for technical services or included services -Addition was deleted-DTAA-India -USA [Art. 7, 12(4)(b)]
Openwave Mobility, Inc. v. Dy. CIT ([2024] 162 taxmann.com 434 /128 ITR 617 (Delhi) (Trib.)
S. 4: Charge of income-tax-Premium on issue of tax-free bonds -Capital or revenue -Revenue receipt chargeable to tax. [S. 28(i)]
Housing & Urban Development Corporation Ltd. v. DCIT [2025] 128 ITR387 (Delhi) (Trib.)
S. 4: Charge of income-tax-Excise duty refund-Capital or revenue receipt-The refund received was a capital receipt not chargeable to tax. [S.5]
Jindal Saw Ltd. v. DCIT (2025) 128 ITR 476 (Delhi)(Trib.)
S. 56: Income from other sources – Redevelopment – Alternate permanent accommodation received by tenant – Mere execution and registration of redevelopment agreement, without completion of project and delivery of possession, does not amount to “receipt” of immovable property – Allotment of alternate premises in lieu of surrender of tenancy rights is for valuable consideration and cannot be taxed under section 56(2)(x). [ S. 2(47), 45, 56(2)(x ) ]
Manoj Devshichhadva v. ITO(Mum.)(Trib.) www.itatonline.org .