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. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Tax deducted and interest not refunded-Cannot be assessed as cessation of liability. [S. 41 (1)(a)]
Carbon and Chemicals (India) Ltd. v. CIT (2021) 433 ITR 14 (Ker.) (HC)
S. 37(1) : Business expenditure-Provision for warranty on scientific basis-Allowable as deduction-Payment of market support fee and transmission fee for smooth running of business-Allowable as revenue expenditure.
PCIT v. Lenovo India Pvt. Ltd. (2021) 433 ITR 117 203 DTR 306/ 280 Taxman 72/ 323 CTR 723 (Karn.)(HC)
S. 37(1) : Business expenditure-Capital or revenue-Licence fee paid to Department of Telecommunications is allowable as revenue expenditure-Loan for revenue purposes-Fluctuation loss-Allowable in year of increase in rate-Question cannot be raised even without taking in the grounds raised before the High Court. [S. 260A]
PCIT v. HCL Comnet Systems and Services Ltd. (2021) 433 ITR 251 (Delhi)(HC)
S. 37(1) : Business expenditure-Setting up and commencement of business-lease deed executed-Business set up-Pre-Operative expenses allowable.
PCIT v. Miele India Pvt. Ltd. (2021) 433 ITR 286 / 281 Taxman 10/ 203 DTR 65/ 322 CTR 828 (Delhi)(HC)
S. 36(1)(iii) : Interest on borrowed capital-Presumption that investment was made from interest-free funds-Disallowance of interest is held to be not justified-Expansion and Extension of business-Proviso to Section 36(1)(iii) applies only to extension of business-Proviso does not have retrospective operation-Res judicata is not applicable to income tax proceedings but principle of consistency must be followed.
Coffeeday Global Ltd. v. Add. CIT (2021) 433 ITR 321 / 202 DTR 217/ 322 CTR 336 (Karn.)(HC) PCIT v. Amalgamated Bean Coffee Trading Co. Ltd. (2021) 433 ITR 321 / 202 DTR 217/ 322 CTR 321 (Karn.)(HC)
S. 32 : Depreciation-Windmill-Generated a small amount of electricity-Entitle to depreciation.
CIT(LTU) v. Lakshmi General Finance Ltd. (2021) 433 ITR 94/ 282 Taxman 82 (Mad.)(HC)
S. 14A : Disallowance of expenditure-Exempt income-Only to the extent of expenses incurred in relation to exempt income [R.8D]
PCIT v. HCL Comnet Systems and Services Ltd. (2021)433 ITR 251 (Delhi) (HC)
S. 14A : Disallowance of expenditure-Exempt income-Disallowance not to exceed exempt income. [R. 8D]
PCIT v. EWS Finance & Investments Pvt. Ltd. (2021) 433 ITR 23 (Mad.)(HC)
S. 14A : Sufficient interest free funds available-investment are presumed to be out of interest free funds-only those investments to be considered which yield exempt income for the purpose of calculation. [R. 8D(2)(ii)]
Nandi Steels Ltd v ACIT (2021) 320 CTR 432 / 201 DTR 37 (Karn.)(HC)
S. 12A : Registration-Trust-Exemption cannot be denied merely because certificate could not be produced as the same was destroyed during folds of 1978-Matter remanded. [S. 11, 12A, 12AA and 143(3)]
Morbi Plot Jain Tapgachh Sangh v. CIT (2021) 433 ITR 1 / 202 DTR 385 / 321 CTR 198 (Guj.)(HC)