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
Click here to download the pdf versions of the Digest of case laws
S. 50C : Capital gains-Full value of consideration-Stamp valuation Difference between Circle Rate and actual sale consideration less than 10 Per Cent. of Stamp Duty valuation-Difference cannot be added. [S. 43CA, 45, 56]
RMG Buildwell (P.) Ltd. v. ITO (2021) 90 ITR 1 SN) (Delhi)(Trib.)
S. 43B : Deductions on actual payment-Statutory due was paid before filing of return-Inadvertently showing in Audit Report as not paid-Error rectified by filing revised audit report-Disallowance was deleted. [S. 143(1), 143(3)]
Kuberan v. Dy. CIT (2021) 90 ITR 82 (SN) (Bang.)(Trib.)
S. 43(5) : Speculative transaction-Transactions in derivatives and share trading-Loss not from speculative business-Set-Off to be allowed. [S. 72]
Umesh Chandra Gupta v. Dy. CIT (2021) 90 ITR 79 (Agra)(Trib.)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Filing certificate before the Tribunal certificate of Chartered Accountant stating that recipient had filled return including the amount received-Matter remanded for verification. [S. 194A, 201(1)]
Munivenkatappa Shivanna v. ACIT (2021) 90 ITR 60 (SN) (Bang.)(Trib.)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Acquisition of software-Treated as capital expenditure-Failure to deduct tax at source-No disallowance can be made.
UKN Properties Pvt. Ltd. v. Dy.CIT (2021)90 ITR 1 (Bang.)(Trib.)
S. 40(a)(i) : Amounts not deductible-Deduction at source-Purchase of computer-Not royalty-Not liable to deduct tax at source. [S. 9(1))(vi), 195]
Progress Software Solutions India P. Ltd. v. Dy. CIT (2021) 90 ITR 70 (SN) / 214 TTJ 1 (SMC) (Mum.)(Trib.)
S. 37(1) : Business expenditure-Capital or revenue-Repair and renovation of leased premises-Allowable as revenue expenditure-Ex-gratia payment-Matter remanded. [ S. 43B]
Karnataka Soaps and Detergents Ltd. v. ACIT (LTU) (2021) 90 ITR 85 (SN) (Bang.)(Trib.)
S. 37(1) : Business expenditure-Computer expense-Ad hoc basis-Without pointing out any defects, ad hoc disallowance was held to be not justified.
C. S. Datamation Research Services Pvt. Ltd. v. ITO (2021) 90 ITR 2 (SN.) (Delhi)(Trib.)
S. 37(1) : Business expenditure-Upfront fee-Term loan for acquiring fixed asset-Interest on loan taken on equipment-Allowable as revenue expenditure.
Brace Iron and Steel Pvt. Ltd. v. Add. CIT (2021) 90 ITR 582 (Delhi)(Trib.)
S. 36(1)(vii) : Bad debt-Co-Operative Bank-Fixed deposit with another Bank-Liquidation-Amount written off-Allowable as bad debt.
ACIT v. Himatnagar Nagrik Sahkari Bank Ltd. (2021) 90 ITR 64 (SN) (Ahd.)(Trib.)