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. 56 : Income from other sources-Business income-Director of company purchased one unit in a Hotel, had given for being run by a managing company, said unit could not be construed to be a business of assessee-loss from hotel unit assessed under head income from other sources and not as business loss. [S. 28 (i), 57]
Rohit Kapur v. Add. CIT (2020) 80 ITR 7 (SN) / 191 DTR 11 / (2021) 186 ITD 466 (Delhi)(Trib.)
S. 54B : Capital gains-Land used for agricultural purposes-Neither Depositing amount in capital gains account nor using net consideration for purchase of land before prescribed date-Not entitled to exemption. [S. 45]
Bhagwan Keshu Sakhare v. ITO (2020) 80 ITR 10 (SN) (Pune)(Trib.)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Transaction duly considered in Income-Tax returns of payee-No disallowance could be made Advertisement-Franchisee news paper-Liable to deduct tax at source. [S. 194C, 201(1)]
Mehra Eyetech P. Ltd. v. Add. CIT (2020) 80 ITR 35 (SN) / 195 DTR 282 / 206 TTJ 769 (Mum.)(Trib.)
S. 37(1) : Business expenditure-Business promotion expenses-Not practically possible to furnish complete list of gifts to various customers-Quantum of expenditure vis-a-vis turnover would have to be justified-Restriction of 40 Per Cent. of initial total disallowance is held to be reasonable.
Rajeev Verma v. ACIT (2020) 80 ITR 12 (SN) (Delhi)(Trib.)
S. 37(1) : Business expenditure-Employees stock option plan Expenses-Allowable as revenue expenditure.
ACIT v. Indiabulls Ventures Ltd. (2020) 80 ITR 5 (SN) (Delhi)(Trib.)
S. 36(1)(iii) : Interest on borrowed capital-Paying interest thereon at 12.2 Per Cent. and advancing loans charging interest at 7.25 Per Cent. and 10 Per Cent.-Disallowance is held to be not justified.
Subhakaran Sampatlall (HUF) v. ITO (2020) 80 ITR 26 (SN) (Kol.)(Trib.)
S. 36(1)(iii) : Interest on borrowed capital-Intercorporate deposits agreement with assessee and its subsidiaries-Commercial expediency-Interest deductible.
SKG Wooden Works Pvt. Ltd. v. ITO (2020) 80 ITR 28 (SN) (Delhi)(Trib.)
S. 35DDA : Amortisation of expenditure-Voluntary retirement scheme – Expenses incurred prior to insertion of section – Governed by earlier provisions. [S. 37 (1)]
Foseco India Ltd. v. Dy. CIT (2020) 80 ITR 29 (SN) (Pune)(Trib.)
S. 32 : Depreciation-Computer software-60% depreciation is allowable.
ACIT v. Indiabulls Ventures Ltd. (2020) 80 ITR 5 (SN) (Delhi)(Trib.)
S. 14A : Disallowance of expenditure-Exempt income-No exempt income during the year-No disallowance can be made.[R. 8D]
ACIT v. Chadha Papers Ltd. (2020) 80 ITR 38 (SN) (Delhi)(Trib.)