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. 80IC : Special category States-Software development-Non-eligible unit-R&D Center-Apportionment of cost-Matter remanded-Deduction under S. 80IC has to be restricted only to the transfer of CD writing activity of the Parwanoo unit to the Pune unit and not beyond that-Entire disallowance made by the AO in respect of sales made to third parties cannot be upheld-Partial disallowance affirmed while computing the Arm’s length Price. [S. 80IA(8), 80IA(10), 80IC, 92C, 92CA(4)]

Biz Secure Labs (P) Ltd. v. Dy. CIT (2022) 220 TTJ 1028 (Pune)(Trib)

S. 80IB(10) : Housing projects-Deduction is to be allowed if the architects certificate is issued though the return is filed within time under Section 139(4) of the Act. [S. 139 (4)]

Sunil Vishambaharnath Tiwari v. ITO (2022) 215 TTJ 617/ 210 DTR 41 (Nag)(Trib)

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S. 80IB(10) : Housing projects-Revised return-Survey-Deduction made in original return withdrawn in revised return-No evidence to claim that deduction withdrawn due to pressure of Assessing Officer during survey-Plea to direct CIT (A) to allow deduction not sustainable.[S. 80A(5),133A, 139(1)].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