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. 32 : Depreciation-Stock in trade-Investment-Bank-Valuation of investment portfolio–Depreciation is allowable in respect of investment held as stock in trade. [S. 28(i), 145]

CIT v. Corporation Bank (2019) 110 taxmann.com 335/267 Taxman 113 (Karn.)(HC) Editorial: SLP of revenue is dismissed; CIT v. Corporation Bank (2019) 267 taxman 112 (SC)

S. 32 : Depreciation–Software licence application-Eligible depreciation at 60 %-Computer-Interpretation-Entry to be interpreted is in a taxing statute-Full effect should be given to all words used therein-It is impermissible to ignore the description, and denote the article under another entry by a process of reasoning.

CIT v. Computer Age Management Services (P.) Ltd. (2019) 267 taxman 146 (Mad.)(HC)

S. 32 : Depreciation-Valuation of investment portfolio-Stock-in-trade-Depreciation is held to be allowable. [S. 145]

CIT v. Karnataka Bank Ltd. (2019) 110 taxmann.com 128 / 266 Taxman 464 (Karn.)(HC) Editorial: SLP of revenue is allowed; CIT v. Karnataka Bank Ltd. (2019) 266 Taxman 463 (SC)

S. 22 : Income from house property-Income from other sources-Business income-Firm obtaining flats on lease-Flats sub-leased with furniture and fittings-Income from sub-lease assessable as income from house property and income from other sources-Res judicata is not applicable to income-Tax proceedings. [S. 2(13), 28(i), 56]

Meeraj Estate And Developers. v. CIT (2019) 418 ITR 681/( 2020) 269 Taxman 134 / 188 DTR 304/ 317 CTR 801 (All) (HC)

S. 12AA : Procedure for registration–Trust or institution-Prior to 1-4-1997 mere application for registration is sufficient for claim for exemption-S. 12AA, w.e.f. 14-1977 is not retrospective provision. [S. 11, 12A]

CIT v. Poorna Prajana Vidya Peetha Prathisthana. (2019) 418 ITR 320 /(2020) 188 DTR 279(Karn.)(HC)

S. 12A : Registration–Trust or institution-71% of the receipt were spent in accordance with the object of the Trust-Partial expenditure were spent on religious-Trust is held to be genuine–Entitle for registration–Benefit of S.11 is not available only to the extent of partial expenditure which were spent on religious. [S. 11]

CIT v. Manekji Mota Charitable Trust. (2019) 267 Taxman 16 (Bom.)(HC) Editorial : SLP of revenue is dismissed , CIT v. Manekji Mota Charitable Trust ( 2020) 274 Taxman 378 (SC)

S. 11 : Property held for charitable purposes–Accumulation of income-Form No 10 was filed belatedly–Rejection of claim on technical formalities is held to be not valid-AO is directed to decide the allowability of claim on merits [S. 11(2), 139(9), 143(1), 154]

Chandraprabhuji Maharaj Jain Juna Mandir Trust v. DCIT (2019) 266 Taxman 399/ (2020) 313 CTR 232 (Mad.)(HC)

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services–Wind turbines-Installing and carrying out repair work of wind turbines abroad, payment made for said services was liable to tax in India as fee for technical services-Liable to deduct tax at source-DTAA-India–Sri Lanka [S.90, Art.7, 12]

Regen Powertech (P.) Ltd. v. DCIT (2019) 266 Taxman 521 (Mad.)(HC)

S. 2(22)(e) : Deemed dividend-loan to share holder–loan in the ordinary course of business-Not assessable as deemed dividend-Deemed dividend is exempt u/s. 115O [S.10(34),115O, Art. 226].

R. Chitra v. ITSC Vice Chairman (2019) 418 ITR 530 / ( 2020) 274 Taxman 344/ 120 taxmann.com 344 / 188 DTR 194 (Mad.)(HC)

S. 18(1)(c) : Penalty-Concealment-In the absence of any proof to show that there was an attempt on the part of the assessee to conceal the particulars or to furnish inaccurate particulars, the levy of penalty was not justified by invoking the deeming provision of Expln. 3 to S. 18(1).

CIT. v. Rajwanti Properties (P) Ltd. (2019) 310 CTR 113 / 181 DTR 1 (Mad.)(HC)