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Royalties/Fees for technical services - Others: Where assessee, a tax resident of spain, received amounts towards interconnectivity utility charges (IUC) from Indian telecom operators for providing seamless services of carrying/delivering outbound and inbound calls, since there was no transfer of any intellectual property rights or any exclusive rights that had been granted by assessee to service recipients for using such intellectual property, payment received by assessee towards interconnectivity utility charges (IUC) from Indian customers/end users could not be considered as royalty/FTS under section 9(1)(vi)/(vii) and also as per DTAA - Telefonica Depreciation Espana SA v. ACIT (IT)/Deputy Commissioner of Income-tax (IT) - [2023] 154 taxmann.com 436 (Bangalore - Trib.)

PF/ESI: Where AO made additions with respect to delayed deposits made by assessee of employee's share contribution towards labour welfare funds and Tribunal vacated said disallowance, since Tribunal's order was not in confirmity with subsequent decision of Supreme Court in Checkmate Services (P.) Ltd. v. CIT [2022] 143 taxmann.com 178/[2023] 290 Taxman 19/[2022] 448 ITR 518, said order suffered from mistake apparent from record and was to be rectifed - Deputy Commissioner of Income-tax v. N.R. Wires (P.) Ltd. - [2023] 154 taxmann.com 434 (Raipur - Trib.)

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Provision of warranty: Deduction under section 37(1) could not be disallowed in respect of provision for warranty made for sophisticated goods where defects existed in some of sophisticated goods manufactured in past and sold - Principal Commissioner of Income-tax v. Heavy Engineering Corporation Ltd. - [2023] 154 taxmann.com 438 (Jharkhand)

Provision of liquidated damages: Where liquidated damages provided in accounts were based on actual deduction allowed by assessee to its customers as a part of contract which was being followed by assessee consistently, assessee-company had not committed any error in making provision of liquidated damages - Principal Commissioner of Income-tax v. Heavy Engineering Corporation Ltd. - [2023] 154 taxmann.com 438 (Jharkhand)

Miscellaneous provisions: Where accounting policy of assessee was to charge losses of non-moving inventories to profit & loss account, assessee had not committed any error in charging said losses under head 'Miscellaneous provisions' - Principal Commissioner of Income-tax v. Heavy Engineering Corporation Ltd. - [2023] 154 taxmann.com 438 (Jharkhand)

Sales promotion expenses: Where sales promotion expense include expenditure on account of after sales service, assessee had not committed any error in charging same under head sales promotion - Principal Commissioner of Income-tax v. Heavy Engineering Corporation Ltd. - [2023] 154 taxmann.com 438 (Jharkhand)

Leave travel concession: Provisions of section 43B(f) would not apply where LTA was not in nature of sum payable by employer in lieu of any leave at credit of his employee - Principal Commissioner of Income-tax v. Heavy Engineering Corporation Ltd. - [2023] 154 taxmann.com 438 (Jharkhand)

Scope of provision: Where Income-tax department intercepted assessee at Delhi Airport and seized Rs. 16 lakhs from him and Tribunal accepted explanation of assessee that source of amount was his professional income and deleted addition made under section 69A, Competent Authority was to be directed to return said amount to assessee - Ramchandra K. Mendadkar v. Union of India - [2023] 154 taxmann.com 440 (Bombay)

Adjustment - Technical service fee: Where TPO compared amount of technical service fee paid with royalty percentage of 8 per cent as allowed to be repatriated by Press Note of RBI prescribed under automatic route of remittance, resulting in TP adjustments, since in view of Press Note No. 8, dated 16-12-2009, there was no cap for such payment, Assessing Officer was not correct in referring to press notes to determine arm's length price - Menzies Bobba Ground Handling Services (P.) Ltd. v. Deputy Commissioner of Income-tax - [2023] 154 taxmann.com 461 (Hyderabad - Trib.)

DIN: Where Assessing Officer passed assessment order manually and it did not contain document identification number and Assessing Officer did not explain why endorsement as per format provided in Circular No. 19 of 2019, dated 14-8-2019 was not made in assessment order, such assessment order was to be set aside - Royal India Corporation Ltd. v. Deputy Commissioner of Income-tax - [2023] 154 taxmann.com 435 (Bombay)

Question of fact: Where assessee during course of physical verification of inventory found excess stock of Rs. 6.04 crore and same had been accounted for in books and Assessing Officer held that value of stock difference represented undisclosed income as it was not recorded in books on or before date of search conducted upon group companies and imposed penalty under section 271AAB, since difference in stocks of Rs. 6.4 crore had been identified by internal team of assessee itself much prior to commencement of search, impugned order of penalty was rightly set aside by Appellate Authority - Principal Commissioner of Income-tax - 2 v. Industrial Safety Products (P.) Ltd. - [2023] 154 taxmann.com 433 (Calcutta)

Scope of provision: Where Assessing Officer initiated penalty proceedings against assessee by issuance of notice under section 274 read with section 271, since impugned notice did not furnish any particulars, it was bad in law - Principal Commissioner of Income-tax - 2 v. Industrial Safety Products (P.) Ltd. - [2023] 154 taxmann.com 433 (Calcutta)

Effluent treated water: Effluent treated water, to be obtained from plant setup to treat effluents from textile dyeing units, not subject to ionization process, containing chlorides, sulphates, bicarbonates, etc., suitable only for reuse by dyeing, cannot be construed as demineralised water; it is eligible for exemption as per Sl. No. 99 of Notification No. 2/2017-Central Tax (Rate), dated 28-6-2017 under Heading No. 2201 - Mannarai Common Effluent Treatment (P.) Ltd., In re - [2023] 155 taxmann.com 110 (AAR - TAMILNADU)

Intended operation mode of common plant treating effluents from member textile dyeing units to purchase raw effluent, treat it on own account and sell resultant products, can be classified as sale of goods, if and only if, there is agreement between parties for transferring title to goods, supported by money consideration, and as result of transaction, property in goods actually passes - Mannarai Common Effluent Treatment (P.) Ltd., In re - [2023] 155 taxmann.com 110 (AAR - TAMILNADU)

Where proviso to section 50 was incorporated by way of a substitution with retrospective effect from 1-7-2017 which takes in relevant assessment year of petitioner also, i.e. 2017-18, impugned order claiming interest for delayed filing of returns was set aside only for purpose of reconsideration by Assessing Officer - SYV Motors v. State of Bihar - [2023] 155 taxmann.com 106 (Patna)

Petitioner should comply with summons issued under section 70 and get statement recorded before concerned authority within three weeks as said summons had been issued as a part of ongoing investigation - Naman Goyal v. Directorate General of GST Intelligence - [2023] 155 taxmann.com 109 (Allahabad)

Where respondent authorities had not issued any notice to assessee to submit his reply/explanation to demand notice for delayed payments and had straightaway issued garnishee proceedings under section 79, by which petitioner's bankers were directed to debit alleged tax dues, action of respondent authorities were in clear violation of principles of natural justice - Kesoram Industries Ltd. v. Commissioner of Central Tax - [2023] 155 taxmann.com 107 (TELANGANA)

Where petitioner essentially was desirous of availing statutory remedy of appeal against impugned order before Tribunal but due to non-constitution of Tribunal, petitioner was deprived of his statutory remedy, subject to deposit of stipulated amount, petitioner must be extended statutory benefit of stay on recovery - Maa Durga Enterprise v. Union of India - [2023] 155 taxmann.com 105 (Patna)

Where CBI issued freeze orders against appellant company during an investigation into an alleged crime committed by 'D' however, appellant company was in no way connected to concerned investigation, freeze orders made against appellant company's properties were redundant qua investigation and condition imposed to furnish bank guarantee in furtherance of said orders was to be set aside - Jermyn Capital LLC v. Central Bureau of Investigation - [2023] 154 taxmann.com 356 (SC)

Where against NCLTs order appointing liquidator in case of corporate debtor an appeal was carried out by erstwhile director of corporate debtor before NCLAT, in view of fact that NCLAT was on vacation and it would be reopened on 5-6-2023, liberty was granted to appellant to approach NCLAT on 5-6-2023 and seek such relief as available to him in law - Arun Agarwal v. Ram Ratan Kanoongo - [2023] 154 taxmann.com 358 (SC) e24fc04721