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 – Large share premium —Unquoted Equity Shares Discounted Free Cash Flow Method – Addition is not sustainable [ S. 56(2)(viib), R.11UA ] S.56: Income from other sources – Large share premium —Unquoted Equity Shares Discounted Free Cash Flow Method – Addition is not sustainable [ S. 56(2)(viib), R.11UA ]
Spooner Industries P. Ltd. v ITO (2021) 85 ITR 44 (SN)(Delhi) (Trib)
S.54F : Capital gains- Investment in a residential house -No clarity as regards date of utilisation of amounts and when assessee incurred expenditure for registration of property — Matter remanded to Assessing Officer for examination [ S.45 ]
Rajyalakshmi Reguraj v. ITO (2021) 85 ITR 20 (SN)(Bang) (Trib)
S. 54 : Capital gains – Profit on sale of property used for residence – All flats received from builder under joint development agreement situated in same premises —Entitled to exemption on entire built-up area received [ S. 2(47)(v), 45, 54F ]
Maurice Patrick De Rebello v .ITO (2021)85 ITR 17 (SN)(Bang) (Trib)
S.48 : Capital Gains — Computation – Cost of acquisition — Shares — Interest on investment disallowed will be part of cost of acquisition of shares for determining profit on sale of shares [ S.45, 57 ]
Sudhir S. Mehta v. Dy. CIT (2021) 85 ITR 8 (SN)(Mum) (Trib)
S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable – Rent paid to daughter of managing Director- Matter remanded to the Assessing Officer [ S.40A(2)(b) ]
United Telelinks (Bangalore) Ltd. v. Dy. CIT (2021) 85 ITR 36 (SN)(Bang) (Trib)
S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable -775 Per Cent. increase in remuneration to Directors —Assessing Officer not pointing out comparables to demonstrate that salary paid to directors was excessive — No evasion of tax – CBDT circular No. 6-P dated July 6, 1968 is binding – No disallowance can be made [ S.40A(2)(b) ]
Orange Associates Pvt. Ltd. v. ACIT (2021)85 ITR 33 (SN)(Delhi) (Trib)
S.37(1):Business expenditure —Proportionate drop in vehicle maintenance account in profit and loss statement — Addition not tenable.
Shri Anant Steel Pvt. Ltd. v. ITO (2021)85 ITR 60 (SN)(Delhi) (Trib)
S. 36(1)(iii) :Interest on borrowed capital -Borrowed funds used for investment in shares for business purposes —Allowable as deduction [ S.37 (1) ]
Tirupati Procon Pvt. Ltd. v. ITO (2021) 85 ITR 76 (SN)(Delhi) (Trib)
S. 35 : Scientific research – Approval by department of Scientific and Industrial Research — No provision at relevant time requiring approval of expenses by department of scientific and industrial research – Amendment is not retrospective as it introduces additional condition and affects substantive rights of assessee – Delay of filing of appeal due to Covid- 19 Pandemic , was condoned . [ S. 35(2AB, 37 (1) )
Natural Remedies Pvt. Ltd. v. ACIT (2021)85 ITR 28 ( (SN) / 212 TTJ 261/ 203 DTR 91 (Bang) (Trib)
S. 28(i) : Business loss – Goods lost due to burning — Estimate made per consumption and production of goods accurate — Addition made on estimate basis rejected . [ S.143 (3) ]
Shri Anant Steel Pvt. Ltd. v. ITO (2021)85 ITR 60 (SN)(Delhi) (Trib)