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. 28(i) : Business income-Provision for carbon credit-No sale of carbon credits during year-provision for carbon credits inadvertently included in taxable income,-Remand report that provision written off in subsequent year and disallowed in assessment for that year-Provision not taxable. [S. 143(3), 145]

Dy. CIT v. Dee Development Engineers ltd. (2021) 87 ITR 38 (SN) (Delhi)(Trib.)

S. 28(i) : Business income-Licence to run the hotel along with fully furnished hotel-Assessable as business income and not as income from house property. [S. 22]

Dodla International Ltd. v. ACIT (2021) 187 ITD 693 (Chennai) (Trib.)

S. 24 : Income from house property-Deductions-Business of real estate-Interest-Amount borrowed for repayment of earlier loan-Allowable as deduction. [S. 22, 24(b)]

Indraprastha Shelters (P.) Ltd. v. DCIT (2021) 187 ITD 306 /212 TTJ 674/ 202 DTR 434(Bang.)(Trib.)

S. 22 : Income from house property-Renting of terrace for installation of antenna tower was taxable as income from house property and not as income from other sources. [S. 56]

Maker Tower Premises Co. Op. Society Ltd. v. ACIT (2021) 187 ITD 653 (Mum.)(Trib.)

S. 22 : Income from house property-Deemed rent on unsold flats lying as inventory-Not taxable as income from house property-The amendment in Finance Act, 2017 w.e.f. 1 April 2018 is prospectively applicable from AY 2018-19 onwards. [S. 23]

Kumar Properties and Real Estate P. Ltd. v. Dy.CIT (2021) (2021) 190 ITD 212 / 87 ITR 169 (SN)/ 212 TTJ 227/ 202 DTR 425 (Pune) (Trib.)

S. 22 : Income from house property-Rent-From installation of antenna tower on the terrace assessable as income from house property and not as income from other sources-Deduction allowable as per S. 24(a) of the Act. [S. 24(a), 56]

Maker Tower Premises Co. Op. Society Ltd. v. ACIT (2021) 187 ITD 653 (Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-No disallowance can be made when exempt income earned during the year-No addition of disallowance under section 14A is called for while computing income under section 115JB of the Act. [S. 115JB, R. 8D]

Vivimed Labs Ltd. v. DCIT (2021) 187 ITD 665 (Hyd.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Own interest free funds in the form of share capital and free reserve-Interest disallowance is not justified. [R. 8D]

DCIT v. Century Plyboards (I) Ltd. (2021) 187 ITD 35 (Kol.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Netting of interest expenditure. [R. 8D]

Doha Bank QSC v. DCIT (2021) 187 ITD 125 / 209 TTJ 716 (Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Disallowance cannot exceed amount of exempt income. [R. 8D]

Addlife Investments (P.) Ltd. v. DCIT (2021) 187 ITD 591 / 201 DTR 145 (Ahd.)(Trib.)