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. 90 : Double taxation relief-Beneficial ownership-long term capital gains-Transfer of shares of CMS Info Systems Ltd–Matter remanded to the file of the Assessing Officer-DTAA-India-Mauritius [Art. 13(4)]

Black stone EP Capital Partners Mauritius V. Ltd v.Dy. CIT (2022) 214 DTR 158 (Mum)(Trib)

S. 89 : Relief for income-tax-Arrears or advance of salary-Compensation received by assessee was only salary received in advance and not as termination compensation and, therefore, relief claimed by assessee under section 89(1) read with sub-rule (2) of rule 21A was to be allowed. [R. 21A]

Rajesh Shantaram Chawan v. ACIT (2022) 217 TTJ 86 (Mum)(UO) 141 taxmann.com 513 (Mum) (Trib)

S. 80P : Co-operative societies-Not a co-operative bank-Entitled to deduction. [S.80P(2)(a)]

Tamilnadu Co-operative State Agriculture and Rural Development Bank Limited v. ACIT (2022) 219 TTJ 303/ 217 DTR 145 (Chennai) (Trib)

S. 80P : Co-operative societies-Late filing of return-Disaalloowing is not justified-Due to late filing of return having been introduced by Finance Act, 2021 effective from 1-4-2021.[S. 8AC, 143(1)]

Barwara Co-Operative Agri Service Society Ltd. v. Dy. CIT (2022) 219 TTJ 750 / 218 DTR 14 / 146 taxmann.com 468 (SMC) (Chd)(Trib) Beh Co-Operative Agri Services Society Ltd v. Dy. CIT (2022) 219 TTJ 750 / 218 DTR 14 / 146 taxmann.com 468 (SMC) (Chd)(Trib) Chhata Co-Operative Agri Services Society Ltd v. Dy. CIT (2022) 219 TTJ 750 / 218 DTR 14 / 146 taxmann.com 468 (SMC) (Chd)(Trib) Garoh Co-operative Agri Service Society Ltd. v. Dy. CIT (2022) 219 TTJ 750 / 218 DTR 14/ 146 taxmann.com 468 (SMC) (Chd)(Trib) Lanjani Co-operative Agri Service Society Ltd. v. Dy. CIT (2022) 219 TTJ 750 /218 DTR 14 / (2023) 146 taxmann.com 468 (Chd)(Trib)

S. 80P : Co-operative societies-Interest from Co-Operative Banks-Entitle to deduction.[S. 2(19), 80P(2)(d)]

Maker Tower A&B Co-Operative Housing Society Ltd v. ACIT (2022)99 ITR 73 (SN)(Mum) (Trib).

S. 80P : Co-operative societies-Collective disposal of labour of its members-Enhancement of gross profit is not valid-Entitle to deduction. [S.80P(2)(a)(vi)]

Malwa Co-Op. L and C Society Ltd. v. ITO (2022) 99 ITR 165 (Amritsar) (Trib)

S. 80P : Co-operative societies-Claim not made in the return-Claim made in the course of assessment proceedings-Eligible to deduction. [S. 80A(5), 80 AC, 80P(2)(a)(i), 139(1), 139(4)]

Krushi Vibhag Karmchari Vrund Sahakari Pat Sanstha maryadit v. ITO (2022) 220 TTJ 243 / 219 DTR 161 (SMC) (Nag)(Trib)

S. 80P : Co-operative societies-Dividend received from Co-Operative Bank-Eligible deduction.[S. 2(19), 80P(2)(d)(i), 80P(2)(iii)]

Gramin Sewa Sakakari Samiti Maryadit v. ITO (2022) 215 DTR 193 (Raipur)(Trib) Sewa Sahakari Samiti Maryadit v. ITO (2022) 215 DTR 193 (Raipur)(Trib)

S. 80IC : Special category States-Production of Air conditioners-Unit in leased premises-Deletion was addition was justified.

Dy. CIT v. Amber Enterprises (India) Pvt. Ltd. (2022)100 ITR 28 (Chd)(Trib)

S. 80IC : Special category States-Survey-Printing and publishing at Gagret with technique and machinery-139 employees were found working at the time of survey-Outsourcing activities-Entitle to deduction [S. 133A, 145(3)]

Dy.CIT v. MBD Printographics (P) Ltd (2022) 215 TTJ 198 (Asr)(Trib)