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–Business and commercial rights-Goodwill–Intangible Asset-Entitle for depreciation.

Dy. CIT v. Landmark Cars (East) P. Ltd. (2019) 71 ITR 19 (SN) (Ahd.)(Trib.)

S. 32 : Depreciation–LED Panel–Rate of depreciation is allowable as applicable to computer. [Information technology Act, 2000, S. 2(1)]

Dy. CIT v. Kumudam Publications P. Ltd. (2019) 70 ITR 41 (SN) (Chennai)(Trib. )

S. 32 : Depreciation-POS TERMINALS are in the nature of computers – Entitle to depreciation at 60%. [S. 2(11), 2(13)]

Dy. CIT v. Oxigen Services India P. Ltd. (2019) 69 ITR 63 (SN) (Delhi)(Trib. )

S. 32 : Depreciation-No turnover during the year-Depreciation cannot be disallowed.

Dy. CIT v. Jammu Metalic Oxides Pvt. Ltd. (2019) 72 ITR 449 (Jaipur) (Trib. )

S. 32 : Depreciation-Car purchased in the name of director–Reflected in the balance sheet of the Company–Depreciation is allowable.

Shree Laxmi Estate (P. ) Ltd. v. ITO (2019) 178 ITD 98 /( 2020) 204 TTJ 351 (Mum.)(Trib. )

S. 32 : Depreciation-Income from house property–Properties continued to form block of assets–Depreciation is not allowable. [S. 2(11)]

Emco Dyestuff (P.) Ltd. v. DCIT (2019) 178 ITD 111 / 184 DTR 345(Mum.)(Trib.)

S. 28(i) : Business loss-loss on account of shifting in securities–Fall in the value of investments allowable as a deduction irrespective of change in classification of investments to comply with RBI guidelines. [S. 37(1)]

City Union Bank Ltd. v. ACIT (2019) 74 ITR 644 (Chennai)(Trib.)

S. 28(i) : Business loss-Purchase and sale of securities – loss arising from sale of securities–Allowable as business loss.

Dy. CIT v. Sahara Care Ltd. (2019) 74 ITR 117 (Delhi)(Trib.)

S. 28(i) : Business loss-Advance to subsidiary-Subsidiary has gone to liquidation-Loss is allowable as business loss. [S. 2(13), 37(1)]

Dy. CIT v. Pioneer Investcorp Ltd. (2019) 72 ITR 376 (Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Not recording of satisfaction-No disallowance can be made. [R. 8D (2)(ii)]

Dy. CIT v. Impulse International P. Ltd. (2019) 71 ITR 28 (SN) (Delhi)(Trib. )