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-Delivery from recognised seller–Denial of depreciation is held to be not justified.

Sonu Nigam v. ACIT (2019) 177 ITD 597 (Mum.)(Trib.)

S. 28(iv) : Business income-Value of any benefit or perquisites- Converted in to money or not-Discount received by assessee on buyback of Foreign Currency Convertible Bonds (FCCB) is capital receipt–Not liable to be taxed.[S. 4]

DCIT v. Pidilite Industries Ltd. (2019) 177 ITD 472 (Mum.) (Trib.)

S. 22 : Income from house property–Owner-SPV promoted by State Housing Board for undertaking construction of apartments- Not an owner of apartments-Annual value of unfinished flats could not be brought to tax.[S. 23]

Bengal DCL Housing Development Co. Ltd. v. DCIT (2019) 177 ITD 402/ 181 DTR 245 (Kol.)(Trib.)

S. 22 : Income from house property -Fair rent not available–AO is directed to take let out value of property as per determination value by Cantonment Board to determine annual fair value.[S. 24]

Radhika Roy v. DCIT (2019) 200 TTJ 665 / 73 ITR 239 / 180 DTR 329(Delhi)(Trib), www.itatonline.org Dr. Prannoy Roy v. DCIT (2019) 200 TTJ 665 / 73 ITR 239 (Delhi)(Trib.), www.itatonline.org

S. 14A : Disallowance of expenditure-Exempt income-interest and other charges paid to bank was capitalized in capital work-in-progress account–Addition cannot be made while computing book profit. [S. 115JB]

ITO v. Chiripal Poly Films Ltd. (2019) 177 ITD 441 / 202 TTJ 317/ 184 DTR 162(Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income–Suo–moto disallowance–Not recording of dissatisfaction- No disallowance can be made.[R. 8D]

DCIT v. Pidilite Industries Ltd. (2019) 177 ITD 472 (Mum.) (Trib.)

S. 12AA : Procedure for registration–Trust or institution-Object of promoting sport of cricket –Object of general public utility-Entitle to exemption [S. 2(15)].

Chhattisgarh State Cricket Sangh v. DCIT (2019) 177 ITD 393/ 200 TTJ 242 (Raipur)(Trib.)

S. 10AA : Special economic zones-Export–Entitle to deduction stand alone basis–Deduction cannot be denied only on the ground that non filing of audit report along with the return.[S. 80A(5)]

DIC Fine Chemicals (P.) Ltd. v. DCIT (2019) 177 ITD 672 / 183 DTR 204/ 202 TTJ 372 (Kol.) (Trib.)

S. 10(37) : Capital gains-Agricultural land–Compensation received on compulsory acquisition – Price fixed upon negotiation–Entitle to exemption. [S. 45, Land Acquisition Act, S. 4, 6, 9]

ITO v. Asha Vimla (Smt.) (2019) 74 ITR 1 (Cochin) (Trib.)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection–Water supply augmentation project and oil pipeline project etc- Payment received during year was attributable to PE in India, same was taxable as business profit-DTAA-India–Russia [Art. 7, 12]

PJSC Stroytransgaz v. DCIT (2019) 177 ITD 538 (Delhi)(Trib.)