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. 69A : Unexplained money – Cash balances – Seized material – Matter remanded [ S. 132(4A) 153A ]

Shri Ram Murti Smarak Trust v. ACIT (2020)81 ITR 194 ( Luck ) (Trib) Dev Murti v . ACIT (2020)81 ITR 194 ( Luck ) (Trib)

S.68 : Cash credits – Income from undisclosed sources — Ex parte Assessment — Loan —Creditor showing very low income not a determinative factor for determining creditworthiness of creditor — Addition held to be not justified .[ S.144 ]|

Rohit Kumar Jindal (HUF ) v. ITO (2020) 81 ITR 469/ 208 TTJ 764 (Chd)(Trib)

S.43B: Deductions on actual payment – Prior period expenses — Depositing Employees’ State Insurance payment for earlier year and for relevant assessment Year —Allowable in year in which actually paid [ S.37(1) ]

Arvind Metals and Minerals P. Ltd. v ACIT (2020) 81 ITR 648 (Kol) (Trib)

S. 40(a)(ii) : Amounts not deductible – Rates or tax – Education cess is allowable as deduction .

Reckitt Benckiser (I.) Pvt. Ltd. v Dy. CIT (2020) 81 ITR 577 (Kol) (Trib)

S.37(1): Business expenditure — Rent expenses —Allowable as revenue expenditure .

ACIT v. Padma Logistics and Khanij Pvt. Ltd. (2020) 81 ITR 61 /183 ITD 891/ 208 TTJ 67 (Kol) (Trib)

S.28(i):Business loss -Speculative business – Loss on forward booking of foreign exchange — Transaction not speculative in nature -Allowable as business loss [ S.43(5)(a) ]

Arvind Metals and Minerals P. Ltd. v ACIT (2020) 81 ITR 648 (Kol) (Trib)

S.28(i) : Business income -Income from other sources – interest earned from investments with treasuries and banks was part of the banking activity of the assessee, and was eligible to be assessed as income from business [ S.56 ]

The Chombal Service Co-Operative Bank Ltd. v ITO (2020) 81 ITR 13 ( Cochin) (Trib)

S. 14A : Disallowance of expenditure – Exempt income – Strategic Investment – Own funds more than investments -No disallowance can be made . [ R.8D ]

ACIT v. Padma Logistics and Khanij Pvt. Ltd. (2020) 81 ITR 61 /183 ITD 891/ 208 TTJ 67 (Kol) (Trib)

S. 14A : Disallowance of expenditure – Exempt income – Shares held as stock-in trade -Interest expenditure – Value its stock at cost or market value, whichever was lower -Matter remanded .[ S. 36(1)(iii), 115JB, R.8D (ii) ]

Add. CIT v. PNB Gilts Ltd. (2020) 81 ITR 224 /183 ITD 111 (Delhi) (Trib)

S. 11 : Property held for charitable purposes – Micro finance activity — Not charitable in nature — Not entitled to exemption [ S. 2 (15) ]

Shalom Charitable Ministries Of India v. ACIT (2020) 81 ITR 20 ( Cochin ) (Trib)