S. 32 : Depreciation-Leased assets-Entitled depreciation.
CIT LTU v. Canara Bank (2022) 285 Taxman 420 (Karn.)(HC).Editorial : Notice issued in SLP filed by Revenue , CIT v. Canara Bank (2022) 287 Taxman 462/ 114 CCH 321 (SC)S. 32 : Depreciation-Leased assets-Entitled depreciation.
CIT LTU v. Canara Bank (2022) 285 Taxman 420 (Karn.)(HC).Editorial : Notice issued in SLP filed by Revenue , CIT v. Canara Bank (2022) 287 Taxman 462/ 114 CCH 321 (SC)S. 32 : Depreciation-Building on lease-Expenditure on construction of building-Capital expenditure-Explanation 1 to section 32(1). [S. 30, 37(1)]
CIT v. K.V. Nellaiappan (2022) 285 Taxman 507 (Mad.)(HC)S.14A : Disallowance of expenditure-Exempt income-No exempt income earned during the year-No disallowance can be made-When no disallowance is made addition cannot be made to book profi.t [S. 115JB, R. 8D]
PCIT v. Adani Wilmar Ltd. (2021) 133 taxmann.com 443 (Guj.)(HC) Editorial : Notice is iisued in SLP filed by the revenue ; PCIT v. Adani Wilmar Ltd. (2022) 285 Taxman 547 (SC)S. 12AA : Procedure for registration-Trust or institution-Required to examine genuineness of institution-Denial of registration on the ground of profit was generated was not valid. [S. 2(15)]
CIT(E) v. Contai Rotary Community Welfare Trust. (2022) 285 Taxman 104 (Cal.)(HC)S. 12A : Registration-Trust or institution-Bogus donation-Cancellation of registration was set aside. [S. 12AA(3)]
CIT(E) v. Vidya Bharati Society for Educational & Scientific Advancement. (2022) 447 ITR 732/ 285 Taxman 659 / 210 DTR 193 / 325 CTR 570 (Cal.)(HC)S. 10A : Free trade zone-Set-off losses of STP/SEZ unit against income of non-STP units-Allowed to be set off-Export turnover-Deemed export, reimbursement of expenses, expenses incurred in foreign currency, delayed export proceeds and VAT/GST would form part of export turnover-Corporate office expenses-Allowed on ad hoc percentage of 20 percent and not based on turnover of various undertakings for purpose of deductions under section 10A.[S. 80IB, 80IC]
CIT v. Wipro Ltd. (2022) 134 taxmann.com 301 (Karn.)(HC) Editorial : SLP of revenue dismissed; CIT v. Wipro Ltd. (2022) 285 Taxman 274 (SC)S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Providing access to computer software to Indian comoany-Not royalty-Not liable to be taxed in India-DTAA-India-UK. [Art. 13, Copy right Act, 1957, S. 14, Art. 226]
EY Global Services Ltd. v. ACIT (2022) 441 ITR 54 / 285 Taxman 10 / 209 DTR 1 / 324 CTR 149 (Delhi)(HC)S. 4 : Charge of income-tax-Interest-Interest accrued had to be utilized only for purpose of scheme-Not assessable as revenue receipt.
CIT v. Bangalore Metro Rail Corporation Ltd. (2022) 285 Taxman 491 (Karn.)(HC)S. 250 : Appeal-Commissioner (Appeals ) -Procedure -Faceless Appeal Scheme – Video Conference -Natural justice – Opportunity for personal hearing not granted – Retrospective effect- Order set aside and remanded back. [ S. 250(6B) , National Faceless Appeals Scheme 2020, Rule 12(2), 12(3), 13(2) ]
Bank of India v. ACIT (Mum) (Trib) www.itatonline .orgS. 9(1)(i): Income deemed to accrue or arise in India – Permanent establishment – Interest will not be taxed at a higher rate- DTAA- India- Japan . [ Art, 7, 11(2)(11(6), 14 ]
DCIT v. Marubeni Corporation, Japan ( Mum)( Trib) www.itatonline .org