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-Public issue–Global depository receipts-Failure to produce bank statement of investors–Addition cannot be made. [S. 132]

SEL Manufacturing Co. Ltd. vs. DCIT (2019) 71 ITR 343/ (2020) 206 TTJ 937 (Chd.) (Trib.)

S. 68 : Cash credits-Share Application money-Assessee incorporated in preceding assessment year and receiving share application money in instant assessment year-No unaccounted money can be invested by assesse-investors examined on oath not subjected to cross-examination by assesse-Addition is held to be not justified-Creditor denying the outstanding balance–Addition is held to be justified.

Woodcraft Export Co. P. Ltd. v. ITO (2019) 70 ITR 436 (Delhi)(Trib.)

S. 54 : Capital gains-Purchase of residential property at Dubai-No condition that investment to be made in India during year 2014-15-Entitled to exemption. [S. 45]

ITO v. Mahesh Gobind Dalamal (2019) 70 ITR 599 (Mum.)(Trib.)

S. 45 : Capital gains-Penny stock–Capital gains cannot be assessed as cash credits-AO failed to bring on record any part of report wherein name of assessee or his broker been named–No action was taken by SEBI against the share broker or against the assessee-Entitled to exemption. [S. 10(38), 54F, 68]

Deepak Nagar v. ACIT (2019)73 ITR 74 (Delhi)(Trib.)

S. 43B : Certain deductions on actual payment-Provision towards gratuity, leave salary, bonus and medical aid of retired staff-not necessary that actual payment had to be made-Deductible. [S. 40A(7)(b)(i)]

Thiruvalla East Co-Operative Bank Ltd. v. ITO (2019) 70 ITR 486 (Cochin) (Trib.)

S. 43A : Rate of exchange-Foreign currency-Provisions are applicable for loss arising on foreign exchange fluctuations only where the capital assets are acquired from outside India-Assets were purchased in India-Loss on foreign exchange is allowable as deduction. [S. 37(1)]

DCIT v. Terex India Pvt. Ltd. (2019) 71 ITR 259 (Delhi)(Trib.)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-waiver of loan taken by assessee for business purposes-amount returned to profit and loss account-Assessable as business income. [S. (24), 28(iv)]

ITO v. Team Front Line Ltd. (2019) 73 ITR 9 (Coch.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payment to film distributors for purchase of films for exhibition-Not liable to deduct tax at source-No disallowances can be made. [S. 9(1)(vi), 194J]

ITO v. Eylex Films Pvt. Ltd. (2019) 71 ITR 332 (Ahd.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payments liable to deduction of tax at source-Brand charges-Whether recipient of brand charges paid taxes-Assessing officer to verify documents filed by assesse-Matter remanded.

Amit Jindal v. Dy. CIT (2019) 70 ITR 545 (Chd.)(Trib.)

S. 37(1) : Business expenditure–Capital or revenue–Deloitte Touche Tohmatsu (DTT) technology subscription-Payment for utilizing brand and technology not being made for acquiring any asset of enduring benefit should be allowed as a revenue expenditure.

Deloitte Touche Tohmatsu India P. Ltd. v. DCIT (2019) 71 ITR 301/ 179 ITD 78/( 2020) 196 DTR 349/ 208 TTJ 956 (Mum.)(Trib.)