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. 80IA :Industrial undertakings – Infrastructure development- Contractor and not developer – Question of law is a substantial question of law admitted by High Court . [S. 80IA(4) , 260A ]

PCIT v. Mahalaxmi Infra Projects Ltd ( Bom) (HC) www.itatonline.org.

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Merely because period of three years expired from arising of the liability would not automatically mean that the liability has ceased – Order of Tribunal is affirmed .

PCIT v. Mahalaxmi Infra Projects Ltd ( Bom) (HC) www.itatonline.org.

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Old unpaid liability for sundry creditors- Exhaustion of period of limitation may prevent filing of recovery proceedings in a Court of law, nevertheless it cannot be stated by itself that the liability to repay the amount had ceased- Addition cannot be made .

PCIT v. Pukhraj S. Jain (Bom)(HC),www.itatonline.org

S.32: Depreciation –Installation of windmill – 80% depreciation allowed on Civil Construction ,electrical and other non integral part of installations – Held to be allowable .

PCIT v. Mahalaxmi Infra Projects Ltd ( Bom) (HC) www.itatonline.org.

Interpretation of taxing statutes – Equity or hardship not factor to be considered in deciding validity of provision- Promissory estoppel- No estoppel against legislature . [ S.35AC, Art .142 ]

Prashanti Medical Service & Research Foundation v. UOI ( 2019) 416 ITR 485/ 180 DTR 209/ 309 CTR 457 / 265 Taxman 504 (SC), www.itatonline.org

S. 10A : Free trade zone – Computer software – Expenses which are to be excluded from the export turnover would also have to be excluded for the purpose of computing total turnover- Deduction rightly claimed u/s 10A instead of S.80HHE of the Act . [ S.80HHE ]

CIT v. Tata Consultancy Services (2019) 177 DTR 317 (Bom.)(HC)

Natural Justice-Right of cross examination is not required to be granted when the statement is not used against the assessee and matter is decided on other evidence-Non furnishing of the documents on which the reliance is being made, principle of natural justice is violated-Matter remanded.

CIT of CE & Cust. v. Twenty first century wire Rods Ltd. (2019) (28) G. S. T. L 10 (Bom.)(HC)

Interpretation -Precedent -Recalled order cannot be relied upon as precedent.

CIT of CX. CUS & S. T. v. Bakelite Hylam Ltd. (2019) (27) G.S.T.L. 641 (SC)

S. 295(4) : Directors-Professionals-Liability of professionals acting as Non-executive directors-cannot be prosecuted for offenses committed by the company.

Rajendra Shah S/o. Ambalal Shah v. State of Maharashtra (Bom.)(HC), www.itatonline.org

S. 85 : Prosecution-Operation of impugned restraining order of High Court is stayed-Petitioners are free to prosecute respondent and proceed further in accordance with law, subject to the final decision of this matter. [S. 86]

UOI v. Gautam Khaitan (2019) 308 CTR 681 / 178 DTR 105 (SC)