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. 37(1) : Business expenditure-Finance lease-Rent paid during lease period is held to be allowable as business expenditure.

NIIT Ltd. v. DCIT (2020) 180 ITD 141 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Capital or revenue-Expenditure incurred for construction of any structure or extension or improvement of building taken on lease would be treated as capital expenditure-Repair/renovation of leased premises–Held to be allowable as revenue expenditure.

DCIT v. AGC Network Ltd. (2020) 180 ITD 204 (Mum.)(Trib.)

S. 37(1) : Business expenditure–Provision for liability on estimated basis –Held to be allowable as deduction–Change in method of accounting – Matter remanded. [S.145, AS-1]

DCIT v. AGC Network Ltd. (2020) 180 ITD 204 (Mum.)(Trib.)

S. 36(1)(viii) : Eligible business-Special reserve–General reserve-Balance in profit and loss account, which is not in nature of any other reserve having specific objectives, would not form part of ‘general reserves’ for purpose of proviso to S 36(1)(viii) of the Act

LIC Housing Finance Ltd. (2020) 180 ITD 45 (Mum.)(Trib.)

S. 36(1)(vii) : Bad debt–Non furnishing of TDS certificate amounts to amount due–Allowable as bad debt-Cannot be disallowed on ground that it was not within time prescribed under S. 155(14) of the Act.[S. 37(1), 155(14)]

DCIT v. AGC Network Ltd. (2020) 180 ITD 204 (Mum.)(Trib.)

S. 36(1)(vii) : Bad debt–Termination of lease agreement–Write off of security deposit–Matter remanded.

DCIT v. AGC Network Ltd. (2020) 180 ITD 204 (Mum.)(Trib.)

S. 12AA : Procedure for registration–Trust or institution-Education-Coaching to IBBI aspirant students for examination preparation-Matter remanded for adjudication. [S. 2(15), 11]

IOV Registered Valuers Foundation v. CIT (2020) 180 ITD 1 (Delhi) (Trib.)

S. 10(4) : Non-resident–Stayed in India for 283 days for taking up employment–Not entitle to exemption. [S.6, 10(14(iii), Foreign Exchange Management Act, 1999, S.2(v)]

Baba Shankar Rajesh v. ACIT (2020) 180 ITD 160 (Chennai)(Trib.)

S. 271(1)(c) : Penalty–Concealment–Order of Tribunal set aside the appeal to CIT(A) is held to be valid. [S. 254(1)]

Gangadhar Narsingas Agrawal (HUF) v. ACIT (2020) 188 DTR 119/ 317 CTR 138(Bom.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue–Operation loss in share trading–Verified D-mat accounts, sales, purchases and closing stock–Revision is held to be bad in law. [S.28(i), 143(3)]

PCIT v. Cartier Leaflin (P.) Ltd. (2020) 268 Taxman 222 (Bom.)(HC)