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-Festival expenditure–Books of account not rejected-Disallowance of 25% of festival expenses cannot be disallow when books of accounts were duly audited and no discrepancy was found. [S. 145]

ACIT v. HAL Offshore Ltd. (2019) 178 ITD 272 / 202 TTJ 308/( 2020) 185 DTR 392(Delhi)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital–Rental premium equivalent to 3 months monthly rent-lease rent–Excessive or un reasonable-Matter remanded to AO for reconsideration. [S. 40A(2), Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.]

Lalithaa Jewellery Mart (P.) Ltd. v. ACIT (2019) 178 ITD 503 / 73 ITR 532/ 182 DTR 337 / 201 TTJ 1123 (Chennai)(Trib.)

S. 32 : Depreciation-Set-off of unabsorbed depreciation against its current year income from house property and income from other sources. [S. 22,32 (2), 56]

DCIT v. Regency Property Investments (P.) Ltd. (2019) 179 ITD 584 (Mum.)(Trib.)

S. 28(i) : Business income-Charge of income-tax–Mutuality– Commercial concern–Principle of mutuality is not applicable-Income is chargeable as business income. [S. 4]

Yum! Restaurants Marketing (P.) Ltd. v. ITO (2019) 179 ITD 480/(2020) 190 DTR 84/ 205 TTJ 124(Delhi)(Trib.)

S. 28(i) : Business income-Letting out shopping mall/business centres by providing host of services/facilities/amenities– Income derived assessable as business income and not as income from house property. [S. 22]

DCIT v. ATC Realtors (P.) Ltd. (2019) 178 ITD 293/184 DTR 1 (Guwahati) (Trib.)

S. 11 : Property held for charitable purposes-Educational institution-Income received from sale of property – Application for application of income was not made – Denial of exemption is held to be justified. [S. 11(2)]

Universal Education Foundation v. ADIT (2019) 178 ITD 446 / 202 TTJ 233/ 183 DTR 462(Mum.)(Trib.)

S. 4 : Charge of income-tax–Diversion of income by overriding title-Obligation to spend on AMP arose after receipt of income–No obligation to spent definite amount–Application of income-Chargeable to tax. [S. 28(i)]

Yum! Restaurants Marketing (P.) Ltd. v. ITO (2019) 179 ITD 480/(2020) 190 DTR 84/ 205 TTJ 124 (Delhi)(Trib.)

S. 4 : Charge of income-tax–Capital or revenue-Compensation for termination of lease-Loss of source of income–Capital receipt not to chargeable to tax. [S. 45]

Butterfly Marketing P. Ltd. v. DCIT (2019) 179 ITD 431 (Chennai) (Trib.)

S. 2(22)(e) : Deemed dividend-Trade advance-Commercial transaction-Not assessable as deemed dividend.

Asian Business Connections (P.) Ltd. v. DCIT (2019) 179 ITD 595 / )2020) 204 TTJ 286 (Indore)(Trib.)

S. 183 : Declaration of income-Benamidar–Misrepresentation–No provision for granting an opportunity of hearing–Cancellation of declaration is held to be valid. [S. 193, PBPT Act. 1988, S. 24(4)]

Ankush Jain. v. CIT (2019) 181 DTR 225 / 310 CTR 419 (Delhi) (HC) Vaibhav Jain v PCIT ( 2019) 181 DTR 225/ 310 CTR 419 (Delhi) (HC)/Editorial : SLP of assessee dismissed, Ankush Jain v. PCIT [2020] 113 taxmann.com 519/ 269 Taxman 577 (SC