ITAT Mumbai ruled that government incentives to promote industrial development in disaster-hit Kutch and modernization under TUF scheme are capital receipts. Revenue’s appeal was dismissed, reaffirming purpose test from Ponni Sugars and Sahney Steel.
The case addressed the disallowance of Rs.2.21 Cr on dealer foreign tour expenses, which the AO questioned for lack of formal agreements. The ITAT confirmed the deletion of the addition, ruling the expenses were genuine business promotion and commercially expedient under S 37(1) particularly since a similar scheme was accepted for the holding company.
The case addressed a Rs.605 Cr addition under Section 68 for alleged bogus sales, where the AO didn’t reject the books. The ITAT remanded the matter, directing the AO to recompute income by applying the average three-year Gross Profit rate on sales, establishing that entire sales cannot be taxed as unexplained credits when books aren’t rejected.
The Karnataka High Court affirmed that SEZ units can claim Section 10AA deduction on income enhanced through a voluntary Advance Pricing Agreement (APA) adjustment. The ruling clarifies that the bar under Section 92C(4) applies only to income enhanced by the Assessing Officer, not to voluntary APA compliance.
Karnataka HC ruled that an order giving effect to Tribunal directions passed after three-month limit under Section 153(5) is time-barred. Court upheld refund of ₹4.73 crore with interest under Sections 244A(1)(b) and 244A(1A).
ITAT Delhi quashed a reassessment, ruling that jurisdictional AO lacked authority to issue a Section 148 notice after CBDT notification assigned exclusive power to NFAC under Section 151A. The key takeaway is that post-March 29, 2022, only NFAC can validly initiate reassessment proceedings under faceless regime.
ITAT Mumbai deleted a ₹5.10 crore addition made under Section 69A for cash deposits during demonetisation, holding that once sales are recorded, audited, and taxed, further additions based on suspicion or third-party denials are unjustified.
ITAT Mumbai allowed a Rs.109.73 Cr relief, ruling that payments for centralized support services like HR and IT are not taxable as FTS or Royalty under India-Belgium DTAA. court held that these routine corporate activities lacked element of transferring technical knowledge or expertise.
Supreme Court held that urgency in intellectual property infringement suits arises from continuing nature of wrong, not from how long infringement has persisted. Delay alone cannot bar exemption from pre-institution mediation under Section 12A. Court restored the suit, clarifying that each act of ongoing infringement creates a fresh cause of action.
The Karnataka High Court ruled that a bank is bound to comply with an Arbitral Tribunal’s order, such as freezing an account, without requiring separate execution proceedings. The key takeaway is that a bank’s compliance with a direct arbitral directive is lawful and not contingent on a civil court’s enforcement order.
