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 loss-Foreign exchange derivative loss cannot be disallowed holding it to be a speculative loss-Remand to the Assessing Officer is held to be valid. [S. 43(5)]

PCIT v. Precot Meridian Ltd. (2020) 275 Taxman 398 (Mad.)(HC)

S. 28(i) : Business loss-Investment in subsidiary-Wound up of subsidiary-Loss is allowable. [S. 37(1)]

ACE Designers (P) Ltd. v. ACIT (2020) 275 Taxman 138( 2021 )198 DTR 118 (Karn.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Interest free funds more than investment-No disallowance can be made. [R. 8D]

PCIT v. Gujrat Fluorochemicals Ltd. (2020) 275 Taxman 366 (Guj.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Failure to prove that no expenditure was incurred-Disallowance of expenditure is held to be justified. [R. 8D]

Polaris Consulting and Services Ltd. v. PCIT (2020) 275 Taxman 121 (Mad.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Recording of satisfaction is mandatory-Disallowance cannot exceed exempt income. [R. 8D]

Marg Ltd. v. CIT (2020) 275 Taxman 502 (Mad.)(HC)

S. 11 : Property held for charitable purposes-Salary paid to secretary-50% of salary was allowed as reasonable-No substantial question of law. [S.260A]

Avani Village Welfare Society v. ITO (2020) 275 Taxman 618 (Mad.)(HC)

S. 10AA : Special economic zones-Export turnover-Expenditure incurred in foreign exchange is to be excluded from ‘Export Turnover’ for purpose of computing deduction.

Polaris Consulting and Services Ltd. v. PCIT (2020) 275 Taxman 121 (Mad.)(HC)

S. 10A : Free trade zone-Split of existing business-Site development of software at client premises-New unit-Entitle to exemption.

CIT v. L & T Valdel Engineering P. Ltd. (2020) 275 Taxman 115 /(2021) 199 DTR 28 (Karn) (HC)

S. 268A : Appeal-Development agreement-Monetary limit-Less than one crore-Appeal dismissed. [S. 2(47)(v), 48]

CIT v. Lakshmi Devi (2020) 274 Taxman 442 (Mad.)(HC) CIT v. Marry Zohn (Mrs.) (2020) 274 Taxman 444 (Mad.)(HC) PCIT v. Foxteq Services India (P) Ltd. (2020) 274 Taxman 440 (Mad.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-When order u/s 263 is no more in existence order passed in accordance with the direction would be infructuous.[S.143 (3)]

CIT v. India Heritage Foundation (2020) 274 Taxman 284 (Karn.) (HC)