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. 32 : Depreciation-Westland Helicopters-Block of asset User of asset-The concept of user of assets has to apply upon block of asset as a whole instead individual assets-Denial of depreciation is held to be not valid. [S. 2(11)]
Pawan Hans Helicopters Ltd. v. DCIT (2021) 212 TTJ 1010 / 204 DTR 347 / (2022) 192 ITD 142 (Delhi)(Trib.)
S. 32 : Depreciation-Goodwill-Capitalized goodwill on account of excess consideration-Commercial rights-Eligible depreciation. [S. 32(1)(ii)]
JX Nippon Two lubricant India Pvt. Ltd. v. DCIT (2021) 210 TTJ 722 / 202 DTR 59 (Delhi)(Trib.)
S. 32 : Depreciation-Biometric system’ is a ‘Computer’ and depreciation is to be allowed @ 60%.
Instrument Technologies v. ACIT (2021) 209 TTJ 675 (Vishakha) (Trib.)
S. 28(i) : Business loss-Advance to subsidiary-Amount written off-Allowable as business loss-Conversion of capital asset in to stock in trade-Loss on sale of stock in trade-Allowable as business loss.
Sinnar Thermal Power Ltd. v. Dy CIT (2021) 89 ITR 263 (Mum.)(Trib.)
S. 28(i) : Business income-Business expenditure-Software development-Expenses, depreciation and set off of brought forward loss and unabsorbed depreciation-Matter remanded to Commissioner (Appeals). [S. 68]
Simto Property Developers Ltd. v. ACIT (2021) 89 ITR 7 (SMC) (SN) (Mum.)(Trib.)
S. 22 : Income from house property-Income from business-Rental income from leasing of flats-Assessable as income from house property. [S. 28(i)]
Dy. CIT v. Cache Properties Pvt. Ltd. (2021) 89 ITR 38 (SN) (Hyd.)(Trib.)
S. 12AA : Procedure for registration-Trust or institution-Fund to promote welfare and recreational activities of personnel of Delhi Police-Entitle to registration. [S. 2(15)]
Delhi Police Welfare and Recreational Club Fund v. CIT(E) (2021) 89 ITR 39 (SN) (Delhi)(Trib.)
S. 11 : Property held for charitable purposes-Amount spent on construction of buildings for its medical college would be treated as application of income for objects of trust and, hence, would qualify for exemption under section 11-factum of incurring such expenses by way of cash alone could not be a ground to hold that those expenses were related to non-specified purpose-Denial of exemption was held to be not justified-No violation. Section. 13 of the Act. [S. 2(15), 12A, 13, 69C, 132(4)]
Sri Srinivasa Educational & Charitable Trust v. ACIT (2021) 211 TTJ 663 / 182 ITD 554 / 204 DTR 265 (Bang.)(Trib.)
S. 11 : Property held for charitable purposes-Authority constituted under Urban Planning and Development Act-Local authority-Acquisition and Development of Land-Discharging statutory and sovereign function-Activities having direct nexus with obligations-Charitable activities-Entitled to exemption. [S. 2(15), 10(20A), 12A]
Agra Development Authority v. Dy. CIT (2021) 89 ITR 490 (Agra)(Trib.)