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. 69C : Unexplained expenditure–Bogus purchases-Alleged use of five credit cards by friends–In response to summons the friends refused use of cards–Addition is held to be justified. [S. 131]

Sunil Balasubramaniam Shankar v. ITO (2019) 265 Taxman 7 (Mag.) (Mad.)(HC)

S. 69C : Unexplained expenditure–Bogus purchases-Tribunal is justified in restricting addition on account of alleged bogus purchases to 25 per cent.

PCIT v. Synbiotics Ltd. (2019) 265 Taxman 34 (Mag.) (Guj.)(HC)

S. 69B : Amounts of investments not fully disclosed in books of account–Addition cannot be made merely on the basis of stamp valuation adopted by Stamp authority. [S. 45, 50C]

PCIT v. Dharmaja Infrastructure (2019) 265 Taxman 125 (Guj.)(HC)

S. 69A : Unexplained money–Purchase and sale of gold on behalf of other parties-Identity of purchasers was not established– Addition on estimate basis of 3.5% of turnover is held to be justified as against 1% disclosed by the appellant.

H. Abuthahir v. DCIT (2019) 265 Taxman 9 (Mag.) (Mad.)(HC)

S. 68 : Cash credits–Share application money-Income tax returns, balance sheet, confirmations were produced-Deletion of addition is held to be justified. [S. 131]

PCIT v. Adamine Construction (P.) Ltd. (2019) 107 taxmann.com 84 / 264 Taxman 280 (Delhi) (HC) Editorial : SLP of revenue is dismissed, PCIT v. Adamine Construction (P.) Ltd. (2019) 264 Taxman 279 (SC)

S. 56 : Income from other sources–Issue of shares at premium-Fair market value of shares-AO has to undertake exercise of determining fair market value of shares-Matter remanded. [S. 56 (2)(viib), 119]

CIT v. Vaani Estates (P.) Ltd. (2019) 264 Taxman 310//310 CTR 12 / 180 DTR 90 / 264 Taxman 310 / (2020) 429 ITR 64 (Mad.)(HC)

S. 45 : Capital gains–Business income-Sale of shares-Shares settled by settlor – Shares received by way of Employee Stock Option Plan-Assessable as capital gains and not as business income-Entitle to exemption. [S. 10(38), 28(i)]

PCIT v. Vernan (P.) Trust (2019) 107 taxmann.com 432 / 265 Taxman 158 (Bom.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Vernan (P.) Trust. (2019) 265 Taxman 157 (SC)

S. 40A(2) : Expenses or payments not deductible–Excessive or unreasonable-TV broadcasting right of cricket match-Cancellation of one match and addition of another match-Addition of price difference in broadcasting rights of matches cannot be made.

PCIT v. NEO Sports Broadcast (P.) Ltd. (2019) 264 Taxman 323 (Bom.)(HC)

S. 37(1) : Business expenditure–Capital or revenue-Fixing of MS sliding gates, different pipes for sprinkler system in main ground, excavation of soil, purchasing of LED replay screen, electric materials etc., for upgrading stadium in accordance with ICC Standards, is revenue in nature.

PCIT v. Cricket Club of India. (2019) 265 Taxman 95 (Bom.)(HC)

S. 37(1) : Business expenditure–Commencement of business– Service sector–Preliminary steps, such as engaging in negotiation or employment of personnel, could be regarded as an activity of commencement of business–Expenditure is held to be allowable.

Indian Railway Stations Development Corporation Ltd. v. PCIT (2019) 265 Taxman 11 (Mag.)/ 178 DTR 425 /(2020) 314 CTR 271 (Delhi)(HC)