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. 23 : Income from house property-Annual value-Vacancy allowance-Deemed rent-Property which could not be let out during the year annual value would be nil. [S. 22, 23(1)(c), 24(a)]

Puruushotamdas Goenka v. ACIT (2022) BCAJ-January-P. 35 (Mum.)(Trib.)

S. 23 : Income from house property-Annual value-Annual letting value of house property is to be determined on the basis of Municipal rateable value. [S. 22]

Anand J. Jain v. DCIT (2021) BCAJ-May-P. 50 (Mum.)(Trib.)

S. 22 : Income from house property-Leasing of the property-Additional common facilities like, lift, security, fire-fighting system common area facilities, car parking terrace use, water supply etc-License fees and amenities fes-Assessable as income from house property and not as income from other sources. [S. 56]

ACIT v. XTP Design Furniture Ltd. (2021) BCAJ-May-P. 50 (Mum.) (Trib.)

S. 4 : Charge of income-tax-Sale of FSI-Development Control Regulation (DCR)-Capital receipt-Not assessable as long term capital gains. [S. 2(24), 45]

Batliboi Ltd. v. ITO (2021) 62 CCH 160 (Mum.)(Trib.)

Direct Tax Vivad Se Vishwas Act, 2020

S. 4 : Filing of declaration and particulars to be furnished – Tax arrears — Interest not excluded — Charge of interests – Rejection of declaration was held to be not valid – Delay was condoned and communication was issued – Rejection of declaration was held to be erroneous . [ ITACT , S. 234A, 234B , 234C , Art , 226 ]

Premlata Mohan Agarwal (Mrs.) v. PCIT (2021)439 ITR 268 /(2022) 284 Taxman 564 (Bom) (HC)

S. 271(1)(c) : Penalty – Concealment – Alleged wrong claim of deduction – Claim was allowed – Deletion of penalty is held to be justified. [ S.. 10B ]

S. 271(1)(c) : Penalty – Concealment – Alleged wrong claim of deduction – Claim was allowed – Deletion of penalty is held to be justified. [ S.. 10B ]

PCIT v. Sesa Goa Ltd. (2021)439 ITR 188 ( Panji Bench ) (Bom) (HC))

S. 269UD : Purchase by Central Government of immoveable properties –Transfer of property by charitable Trust – Sanction of Charity Commissioner should be taken in to account – Adequate opportunity was not given – Notice and pre -Emptive purchase was held to be not valid . [ S. 269UC, 269UL, Bombay Public Trust Act, 1950, S. 36, Art , 226 ]

Jugal Kishore Jajodia v. S. C. Prasad, Chief Engineer (2021)439 ITR 132 /( 2022) 286 Taxman 66 (Bom) (HC)

S. 268A : Appeal – Instructions- Issue involved having cascading effect – Fee-Default in furnishing the statements- Does not fall with any criteria prescribed in clause 10 of Circular No 3 of 2018 dated July , 11, 2018 ( 2018 ) 405 ITR 29 (St) , as amended by circular dated August 20 , 2018 ( 2018) 407 ITR 7(St) – Alternative remedy – Writ against the order of Tribunal deleting the addition is held to be not maintainable – [ S. 234E, 254(1) , 260A, 268A(4) Art , 226 ]

CIT v. Emsons Exim Pvt. Ltd. (2021)439 ITR 607/ (2022) 209 DTR 466/ 326 CTR 96 (Bom) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Book profit – Decommissioning levy, interest on decommissioning fund, interest on R & M fund and interest on R & D fund to profit as per profit and loss account – Revision was held to be not justified when in order passed by Commissioner, there was no mention as to under which category of Explanations (a) to (k) of section 115JB(2) these four items would fall- Order of Tribunal quashing the revision order was affirmed [ S. 115JB , 143(3) ]

CIT, LTU v. Nuclear Power Corporation of India Ltd. (2021) 283 Taxman 549 (Bom.) (HC) CIT, LTU v. Nuclear Power Corporation of India Ltd. (2021) 283 Taxman 549 (Bom.) (HC).Editorial: SLP of Revenue dismissed , CIT v. LTU v. Nuclear Power Corporation of India Ltd. (2022) 287 Taxman 218/ 114 CCH 49 (SC)

S. 194H : Deduction at source – Commission or brokerage –No principle agency relation ship -Laboratory and testing services – laboratory and testing services to customers through its own and through third party collection centres- Not liable to deduct tax at source . [ S. 201 (1), 201(1A) ]

CIT (TDS ) v. Super Religare Laboratories Ltd (2021 ) 133 taxmann.com 313/ 323 CTR 757/ 208 DTR 21 /(2022) 284 Taxman 657 ( Bom) (HC).Editorial : Notice issued in SLP filed by the Revenue , CIT v. Super Religare Laboratories Ltd. (2022) 287 Taxman 561 / 288 Taxman 639 (SC)