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 exchange card-demutualized/corporatized into shares in earlier year-Depreciation is held to be allowable.

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 32 : Depreciation-Vehicles-Registration was in the name of individual directors-Depreciation cannot be denied.

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 32 : Depreciation-Plant and machinery-Installed and ready to use-Depreciation is allowable.

DCIT v. Agile Electric Sub Assembly (P.) Ltd. (2021) 188 ITD 780 / ( 2022) 96 ITR 402 (Chennai)(Trib.)

S. 28(i) : Business income-Firm-Partner-Set off of loss-Interest, salary, bonus, commission or remuneration received or receivable from firm by partners-Assessable as business or profession-Expenditure incurred to earn such income allowable as deduction. [S. 37(1), 70]

Suresh Sreeram v. ITO (2021) 188 ITD 599 (Bang.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Investment from interest free funds-No disallowance of interest could be made. [R. 8D]

Suresh Chunnilal Sharma v. ITO (2021) 188 ITD 487 / 213 TTJ 409 / 86 ITR 22 (SN) (Pune)(Trib.)/Alliance Infrastructure Projects Pvt. Ltd. v. ACIT (2021)90 ITR 12 (SN)(Bang) (Trib) Alliance Infrastructure Projects Pvt. Ltd. v. ACIT (2021)90 ITR 12 (SN)(Bang) (Trib)

S. 14A : Disallowance of expenditure-Exempt income-No disallowance can be made when no exempt was earned during year. [R. 8D]

DCIT v. Agile Electric Sub Assembly (P.) Ltd. (2021) 188 ITD 780 / (2022)96 ITR 402 (Chennai)(Trib.)

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

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Surplus fund invested in fixed deposit-Registration cannot be denied on the ground that some of the objects were religious. [S. 2(15), 11]

Brahman Sabha Karveer v. CIT (2021) 188 ITD 474 / 212 TTJ 1001 / 204 DTR 241 (Pune)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Registration was directed to be granted from assessment year following financial year in which application seeking registration was made. [S. 11, 12]

Ess Kay Foundation. v. CIT (2021) 188 ITD 903 / 210 TTJ 899 (Jaipur)(Trib.)

S. 11 : Property held for charitable purposes-Accumulation of income-Not specifying the specific purpose-Exemption cannot be denied. [S. 11(2), Form No. 10]

Arhatic Yoga Ashram Management Trust v. ITO (2021) 188 ITD 14 (Chennai)(Trib.)