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 or Income from other sources-Interest income on fixed deposit-Assessable as business income-Income from Mutual funds and income-tax refund to be treated under head income from other sources. [S. 56, 71]

Habitate Realtech P. Ltd. v. Dy. CIT (2022) 93 ITR 76 (SN) (Delhi) (Trib.)

S. 24 : Income from house property-Deductions-Interest on borrowed funds-Onus on assessee-No Documentary evidence furnished-Disallowance proper. [S. 24(b)]

Niyant Heritage Hotels (P.) Ltd. v. ITO (2022) 93 ITR 11 (SN) (Delhi)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Interest-Sufficient funds-Disallowance of interest is not valid. [R. 8D]

Dy. CIT v. Navratna Organizers and Developers P. Ltd. (2022) 93 ITR 14 (SN) (Ahd.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Interest-Sufficient funds-Disallowance of interest is not valid. [R. 8D]

Dy.CIT v. Navratna Organizers and Developers P. Ltd. (2022) 93 ITR 14 (SN) (Ahd.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-No exempt income-No disallowance can be made [R.8D]

ACIT v. Kalthia Engineering and Construction Ltd. (2022) 93 ITR 30 (SN) (Ahd.)(Trib.)/Mll Logistics P. Ltd. v. ACIT (2022)93 ITR 513 (Mum) (Trib)

S. 11 : Property held for charitable purposes-Accumulation of income-Failure to file Form 10 on time-Form 10B was furnished along with the return-Matter remanded. [S. 11(2) 12A]

Himalayan Buddhist Cultural Association v. ACIT (2022) 93 ITR 57 (SN) (Chd.)(Trib.)

S. 11 : Property held for charitable purposes-Search and seizure-Concluded assessment-Date for issuance of notice under section 143(2) of the Act had already expired-No incriminating material was found for the assessment years in question-Denial of exemption is not valid. [S. 132, 143(2), 153A]

Sri Basaveshwar Veerashaiva Vidyavardhak Sangha v. Dy. CIT (2022) 93 ITR 36 (SN) (Bang.)(Trib.)

S. 10(34) : Dividend-Domestic companies-Tax on distribution of profits-Dividend received by assessee on Liquidation of company-Dividend declared before liquidation and dividend distribution tax paid by company-Not entitled to exemption of dividend income. [S. 2(22), 10(33), 46(2), 115O]

Thankamma Sebastian (Smt.) v. ITO (2022) 93 ITR 25 (SN) (Bang.)(Trib.)

S. 48 : Capital gains – Cost of improvements – Amount spent on property habitable allowable as deduction- Amount spent on refrigerator , air conditioner LED , TVS furniture , dining table etc are personal effects – Not eligible for deduction – Interest on housing loan – Matter remanded to the Assessing Officer [ S. 24, 45 , 133(6) ]

Komal Gurumuk Sangtani v. ITO ( Mum) ( Trib) www.itatonlime .org Gurumukh I .Sangtani v. ITO ( Mum) ( Trib) www.itatonlime .org

S. 115BAA: Tax on income of certain domestic companies – Levy of tax @ 30% instead at concessional rate @ 22 %- Return of income – Last date for filing Form No. 10IC for AY 2020-21 – Extended to March 31, 2021 – By virtue of the Taxation and Other Laws (Relaxations and Amendments of Certain Provisions) Act 2020- Entitled to concessional rate @ 22%. [S.115BAA(5), 139(1), Taxation and Other Laws (Relaxations and Amendments of Certain Provisions) Act 2020, S. 3(1) ]

Suminter India Organics (P.) Ltd. v. DCIT (2022) 196 ITD 370 ( Mum)( Trib) www.itatonline .org .