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 – Trade payables outstanding for more than three years in the books – Addition cannot be made as remission or cessation of trading liability . [ S.68 ]

DCIT v. Sri Radhakrishna Shipping Ltd. (2019) 179 ITD 139 (Mum) (Trib.)

S.37(1): Business expenditure -Interest paid on delayed payment of service tax is compensatory in nature – allowable as deduction . Finance Act , 1994 , S 75 , 76 ]

DCIT v. Sri Radhakrishna Shipping Ltd. (2019) 179 ITD 139 (Mum) (Trib.)

S. 32 : Depreciation – Block of asset- Written down value of asset is reduced to zero or block of asset is empty or it ceases to exist on last date of previous year- Depreciation is not allowable . [ S. 2(11) , 41(1) 50 ]

Aramark India (P.) Ltd. v. DCIT (2019) 179 ITD 133 /( 2020) 191 DTR 419/ 206 TTJ 379(Mum) (Trib.)

S. 12AA : Procedure for registration –Trust or institution- Education – Skill enhancement – Entitle to exemption – Rejection of application is held to be not valid .[ S.2(15) ]

Unique Educational Society. v. CIT (2019) 179 ITD 147 (Chad) (Trib.)

S. 271AAB:Peanlty -Search initiated on or after Ist day of July 2012- Amount surrendered – No reasonable opportunity was given – Matter remanded to the AO [ S. 132, 274 ]

Genex Industries Ltd. v. DCIT (2019) 179 ITD 16 (Chd) (Trib.)

S. 251 : Appeal – Commissioner (Appeals) – Powers – New claim- Not raised in the return – CIT (A) can entertain any new claim for deduction even the said claim was not raised in return of income originally filed or by way of filing revised return. [ S.35(1)(iv) , 139 ]

ACIT v. Eastern Silk Industries Ltd. (2019) 179 ITD 22/ 184 DTR 406 (Kol) (Trib.)

S.92C:Transfer pricing – Assessee accepted MAP resolution arrived at between competent authorities of India and Japan, issues raised in appeal became infructuous and, thus, same were to be dismissed as withdrawn. [ S.254(1) ]

Yaskawa India (P.) Ltd. v. ACIT (2019) 179 ITD 33 (Bang) (Trib.)

S. 69 :Unexplained investments – Search and seizure – Bogus purchases – Diary -Contents of a seized document are to be read in toto, and it is not permissible on part of an AO to dissect same and therein summarily accept same in part and reject other part. [ S. 132, 292C ]

DCIT v. Kanakia Hospitality (P.) Ltd. (2019) 179 ITD 1/ (2020) 193 DTR 25/ 207 TTJ 70 (Mum) (Trib.)

S. 45 : Capital gains – Capital receipt – Professional goodwill -Business income -Compensation – Amount received against termination of right – Held to be capital receipt [ S. 2(14), 4, 28(ii(a), 55 ]

DCIT v. Dr. Sandeep Dave. (2019) 179 ITD 51 / 201 TTJ 683 / 182 DTR 109 (Raipur) (Trib)

S.37(1): Business expenditure – Capital or revenue – DTT subscription to use Deloitte- Brand helped for getting more business- Held to be allowable as business expenditure.

ACIT v. Eastern Silk Industries Ltd. (2019) 179 ITD 22/ 184 DTR 406 (Kol) (Trib.)