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. 68 : Cash credits-Share application money-Opening balance-Substantial loan was received in earlier year addition cannot be made-Sufficient evidence was produced as regards additional amount received during the year-Deletion of addition is held to be justified. [S.260A]
PCIT v. Realvalue Realtors (P) Ltd. (2020) 269 Taxman 64 (Bom.)(HC)
S. 37(1) : Business expenditure-Marketing and publicity expenses-Star Pravaha-Star Maza-Allowable as business expenditure incidental benefit to some other party from such expenses, would not reduce allowability of such expenditure.
PCIT v. Star Entertainment Media (P) Ltd. (2020) 269 Taxman 66 (Bom.)(HC)
S. 36(1)(iii) : Interest on borrowed capital Investment in group companies for strategic business purpose-Allowable as deduction.
CIT v. KEC International Ltd. (2020) 269 Taxman 275 (Mad.)(HC)
S. 11 : Property held for charitable purposes-Primary aim and objective to promote habitat concept-Registered as Charitable Trust-Principle of mutuality not required to be gone in to-Entitle to exemption. [S. 2(15), 12, 13]
CIT(E) v. India Habitat Centre (2020) 269 Taxman 401 (Delhi)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Risk Policy Premium-Revision barred by limitation-Order of Tribunal is affirmed. [S. 37(1)]
PCIT v. Prince Water House (2020) 270 Taxman 307 (Cal.)(HC)
S. 260A : Appeal-High Court-Capital gains-Full value of consideration-Stamp valuation-Reference to DVO-Grounds not raised before the Tribunal-Not allowed to raise the ground in an appeal before High court. [S. 45, 50C, 254(1)]
Vipin Mehta v. CIT (2020) 270 Taxman 67 (Bom.)(HC)
S. 250 : Appeal-Commissioner (Appeals)-Dismissal of appeal as defective and also stay application-Matter remitted to Commissioner (Appeals) for consideration and decision afresh on merits. [S. 271B, Art. 226]
Vattiyoorkavu Service Co-op. Bank Ltd. v. ITO (2020) 270 Taxman 274 (Ker.)(HC)
S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of Appeal before CIT (A)-Directed to deposit Rs. 2 lakhs and stay was granted till disposal of appeal. [S. 220(6), 246A]
Suresh Anuradha v. CIT (2020) 270 Taxman 124 (Mad.)(HC)
S. 147 : Reassessment-Any hypothesis or contingency that may emerge in future-Protective addition-Reassessment is bad in law. [S. 148, Art. 226]
Vinodbhai Jivrajbhai Radbiya v. ITO (2020) 270 Taxman 304 (Guj.)(HC)
S. 147 : Reassessment-After the expiry of four years-Housing project-Completion certificate issued within four years from date of obtaining permission-Re assessment is held to be bad in law. [S. 80IB(10), 148 Art. 226]
Sheetal Infrastructure (P) Ltd v. ACIT (2020) 270 Taxman 316 (Guj.)(HC)