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. 68 : Cash credits-Share capital-Identity and genuineness is established-Deletion of addition is held to be valid.

PCIT v. Amravati Infrastructures Developers (P) Ltd. (2020) 272 taxman 133 (P&H)(HC)

S. 54F : Capital gains-Investment in a residential house-Invested sale proceeds of old asset in new property before due date of filing belated return and took possession within three years-Entitled to exemption though she had not invested sale proceeds in Capital Gain Account Scheme before due date of filing of return under section 139(1). [S. 45, 139(1)]

CIT v. Umayal Annamalai (Smt.) (2020) 273 Taxman 146 (Mad.)(HC)

S. 45 : Capital gains-Purchase and sale of land-Assessable as capital gains and not as business income. [S. 28 (i)]

CIT v. Kishan House Builders Association (2020) 273 Taxman 451 (Karn.)(HC)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Outstanding for more than three years-Addition cannot be made as cessation of liability.

PCIT v. Adani Agro (P) Ltd. (2020) 273 Taxman 430 (Guj.)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Amendment made to section 40(a)(ia) by Finance Act, 2010 inserting proviso therein would apply retrospectively with effect from assessment year 2005-06.

CIT v. Archean Granites (P) Ltd. (2020) 273 Taxman 511 (Mad.)(HC)

S. 37(1) : Business expenditure-Wholly and exclusively-Remuneration paid to promoter-Director-Consultation-Allowable as deduction though not attended the office for six years.

PCIT v. VVF Ltd. (2020) 273 Taxman 503 (Bom.)(HC)

S. 37(1) : Business expenditure-Capital or revenue-Hotel business-Renovation and repair of hotel rooms is allowable as revenue expenditure.

Pandian Hotels Ltd. v. Dy.CIT (2020) 273 Taxman 256 (Mad.)(HC)

S. 36(1)(vii) : Bad debt-Income offered as income-Reduced from asset side of balance sheet-Order was set aside. [S. 36(2)]

Hajee A.P. Bava and Company Const. (P.) Ltd. v. ACIT (2020) 272 taxman 230 (Karn.)(HC)

S. 35 : Scientific research-No product was manufactured in a particular unit-Allocation of expenses is held to be not justified-Research and development-Capital expenditure towards research and development R & said expenditure was to be excluded from toil capital expenditure while allowing expenditure on R & D units.

Microlabs Ltd. v. ACIT (2020) 273 Taxman 434 (Karn.)(HC)

S. 28(i) : Business income-Electricity company-Electricity distribution-Efficiency gain amount which was not refunded to customers, said surplus fund being at disposal of State Electricity Regulatory Commission, could not be included in business profit. [S. 4]

Dy. CIT v. Tata Power Delhi Distribution Ltd. (2020) 273 Taxman 56 (Delhi) (HC)