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. 37(1) : Business expenditure-Contribution to death relief fund for employees-Entitled to deductions. [S. 40A(9)]

Madura Coats P. Ltd. v. DCIT (2019) 417 ITR 115 (Mad.)(HC)

S. 37(1) : Business expenditure-Compensation paid is held to be not allowable–Payment was held to be not genuine–No question of law. [S. 260A].

Rajkumari Suniel Mutha (Smt.) v. ITO (2019) 417 ITR 295/ ( 2020) 269 Taxman 70 (Bom.) (HC)

S. 37(1) : Business expenditure-Once prior period income is held to be taxable ,prior period expenses is held to be allowable. [S. 145]

PCIT v. Dishman Pharmaceuticals and Chemicals Ltd. (2019) 417 ITR 373/ 112 taxman.com 991/ (2020) 190 DTR 307 (Guj.)(HC)

S. 37(1) : Business expenditure—Capital or revenue-Expenditure for obtaining Licence to operate telecommunication services— Held to be revenue expenditure. [S. 35ABB]

CIT v. Bharti Telemedia Ltd. (2019) 417 ITR 248 (Delhi)(HC)

S. 35 : Scientific research-Advance paid for research and development equipment is held to be allowable expenditure. [S. 35(1)(iv)]

CIT v. TVS Motors Ltd. (2019) 417 ITR 236 (Mad.)(HC)

S. 31 : Repairs-Expenditure on replacement of dies and moulds is held to be current repairs. [S. 37(1)]

CIT v. TVS Motors Ltd. (2019) 417 ITR 236 (Mad.)(HC)

S. 28(i) : Business loss-Advance of loans-Investment in shares constituted stock in trade–Loss on shares held to be allowable as business loss.[S. 37(1)]

Electronic Corporation of Tamil Nadu Ltd. (ELCOT) v. DCIT (2019) 417 ITR 283 (Mad.)(HC)

S. 10B : Export oriented undertakings-Derived from-Dividend income, profits on sale of fixed assets, profits on sale of investments, excess provision return back, duty drawback and interest income could be said to have direct nexus with the income of the business of the undertaking-Eligible deduction. [S. 10A, 10B(4)]

PCIT v. Dishman Pharmaceuticals and Chemicals Ltd. (2019) 417 ITR 373/ 112 taxmann.com 91 / (2020) 190 DTR 307(Guj.)(HC)

S. 10(23C) : Educational institution–Withdrawal of exemption-Collection of capitation fee–Notice of withdrawal containing unspecified allegation-Notice and consequent order is held to be not valid. [S. 10(23C)(vi) S. 132]

Navodaya Education Trust v. UOI (2019) 417 ITR 157 (Karn.)(HC) Editorial : Decision in Navodya Education Trust v. UOI (2018) 405 ITR 30 / 253 Taxman 412 / 302 CTR 381 / 165 DTR 16 (Karn.)(HC) is reversed.

S. 4 : Charge of income-tax–Compensation awarded by Motor Accident Claims Tribunal-Interest on compensation awarded up to date of order of Tribunal or Court is held to be not taxable-Provision of deduction at source is not charging section. [S. 56(2)(viii) 145A(b), 194A, Motor Vehicles Act, 1988, S. 171]

Rupesh Rashmikant Shah v. UOI (2019) 417 ITR 169/ 182 DTR 203/ 310 CTR 526 (Bom.)(HC)