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
Click here to download the pdf versions of the Digest of case laws

S.37(1): Business expenditure – Club expenses – Expenditure Club expenses incurred by directors of company cannot be denied on ground of personal in nature.

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

S. 35 : Scientific research – Revenue expenditure incurred on in-house research and development facility, which was duly approved by competent authority . [ S. 35(1)(iv),35(2AB) ]

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

S.32 : Depreciation- Trade mark – Depreciation cannot be rejected on ground that agreement to acquire trademark was entered into on post dated stamp paper. [ S.147 ,148 ]

Indus Mobile Distribution (P.) Ltd. v. ITO (2019) 179 ITD 71 (Chennai) (Trib.)

S. 14A : Disallowance of expenditure – Exempt income – Disallowance cannot exceed more than exempt income .[ R.8D ]

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

S.2(24)(iv):Income- The value of benefit or perquisite- Success fee paid by company Tirumala Milk products Pvt Ltd to Barclays Bank could not be treated as perquisites . [ S.48(1) ]

ACIT v. Danda Brahmanandam. (2019) 179 ITD 38/(2020) 203 TTJ 485 /187 DTR 340 (Vishakha) (Trib.)/ACIT v. Battini Naggrswara Rao (2019) 179 ITD 38 / (2020) 203 TTJ 485/ 187 DTR 340 (Vishakha)(Trib.)

S. 145: Method of accounting -Project Completion Method-Percentage Completion Method- Project completion method is held to be valid- Deletion of addition in respect of advance received from customers is held to be valid . [ S.145(3) ]

ITO v. Shanti Construction (2019) 73 ITR 115/ 201 TTJ 41 (UO) (Agra)(Trib.)www.itatonline.org

S. 260A : Appeal – High Court – Condonation of delay – Reasonable Cause – Affidavit -Delay of 1754 days- No knowledge of passing of order which was stated in the affidavit- Contents of the affidavit was not disputed by the respondent – Delay was condoned – Matters are restored to the file of High Court to decide the appeals on merit in accordance with law. [ S.260A(2A) ]

Senior Bhosale Estate (HUF) v. ACIT ( 2019) 419 ITR 732/ 311 CTR 754/ 184 DTR 34 ( 2020) 269 Taxman 472 (SC), www.itatonline.org Editorial : Order of Bombay High Court is set aside and directed to decide on merit , CA No 7637 of 2008 dt 13 -02 2009 ( Nagpur Bench) Senior Bhosale Estate (HUF) v. ACIT (2019) 112 taxmann.com 133 (Bom ) (HC) Editorial:

S. 253 : Appellate Tribunal – Powers-Delay of 571days- Mistake of counsel may be taken in to account in condonation of delay. [ S..253(1), 254(1), Limitation Act , 1963 , S.3, 5 ]

Bhagwati Colonizer Pvt. Ltd. v. ITO ( 2020) 185 DTR 321 /203 TTJ 390( TM) (Amritsar)(Trib) www.itatonline.org

Advocates Act 1961

S.35: Punishment of advocates for misconduct – Appeal -Delay – Delay of 20 long years in filing second appeal could not be condoned on mere ground that counsel, who was representing appellant, did not inform her about outcome of litigation before lower authority- Cost of Rs 1000 was directed to be paid to the High Court Legal Services -Sub -Commit tee , Nagpur .

Kanta. v. Manjulabai (2019) 266 Taxman 326 (Bom) (HC)

S. 271(1)(c) : Penalty – Concealment – Constitutional validity -Provision cannot be regarded as ultra vires of Constitution – Convention for Avoidance of Double Taxation between Union of India and other Sovereign Countries – DTAA -India – Japan .[S.90 , Art. 23, Art .226 ]

Toyota Kirloskar Motor (P) Ltd v UOI ( 2019) 266 Taxman 328/ 311 CTR 770 / 184 DTR 65/(2020)422 ITR 138 ( Karn) (HC)/Toyota Kirloskar Auto Parts P. Ltd. v. UOI ( 2019) 184 DTR 65 /311 CTR 770 / (2020)422 ITR 138 (Karn) (HC )