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. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Payment towards information systems and Telecommunications-Agreement was filed as additional evidence Matter restored for reconsideration in light of fresh evidence submitted by assessee. [S. 40(a)(ia), 254(1)]
John Deere India Pvt. Ltd. v. ACIT (2020) 191 DTR 388 / 206 TTJ 213 (Pune)(Trib.)
S. 37(1) : Business expenditure-Foreign Trip-Medical professionals-Doctors-Allowable as business expenditure.
Dy. CIT v. India Medtronic Pvt. Ltd. (2020) 205 TTJ 950 (Mum.)(Trib.)
S. 36(1)(iii) : Interest on borrowed capital-Investment made during the year in capital assets-Proven to be out of assessee’s own fund-Disallowance was not justified.
Tata Sky Ltd. v. ACIT (2020) 195 DTR 177 / 208 TTJ 194 (Mum.)(Trib.)
S. 36(1)(iii) : Interest on borrowed capital-Advance given to subsidiary or sister concern-Share capital reserves and surplus available-Disallowance of interest was deleted.
Dharampal Satyapal Ltd. v. Dy.CCIT (2020) 191 DTR 87 (Delhi)(Trib.)
S. 32AC : Investment in new plant or machinery-Acquired before 31st March, 2017-Not required to put to use-Deduction allowed.
DCIT v. SNJ Distillers Pvt. Ltd. (2020) 208 TTJ 968 / (2021) 87 ITR 540 (Chennai)(Trib.)
S. 32 : Depreciation-Intangible Assets-Acquired from business transfer agreement-Depreciation allowable on the basis of valuation report. [S. 32(1)(ii)]
Dy. CIT v. Infrasoft Technologies Ltd. (2020) 195 DTR 333 / 208 TTJ 1068 (Delhi)(Trib.)
S. 32 : Depreciation-Installation of asset-Considered as asset has been put to use-Entitle to depreciation-UPS is to be considered as an integral part of the computers and depreciation is to be allowed @ 60%.
Dy. CIT (LTU) v. Nestle India Ltd. (2020) 194 DTR 113 / 207 TTJ 369 (Delhi)(Trib.)
S. 28(i) : Business loss-Commercial expediency-loss caused as a result of fraud, embezzlement by employees was allowed as business loss. [S. 37(1)]
Washim Urban Co-Operative Bank Ltd. v. Dy.CIT (2020) 191 DTR 310 / 206 TTJ 420 (Nag.)(Trib.)
S. 28(1) : Business loss-losses incurred due to surrender of NLD certificate-Allowable as normal business loss. [S. 37(1)]
ACIT v. Loop Telecom Ltd. (2020) 189 DTR 46 / 205 TTJ 27 (Mum.)(Trib.)
S. 28(i) : Business income-Income from house property-Rule of consistency-No justifiable reasons to change income head-Income continued to be assessed under the head of business income. [S. 22]
Deep Multiplex P. Ltd. v. Dy. CIT (2020) 190 DTR 451 / 205 TTJ 916 (SMC) (Ahd.)(Trib.)