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. 45(2) : Capital gains-Conversion of a capital asset in to stock-in-trade–Year of taxability-Capital gains arising from such conversion was to be brought to tax when transfer/sale of such asset took place and not on date of converting capital asset into stock-in-trade. [S. 45]

Union Company (Motors) (P.) Ltd. v. ACIT (2020) 180 ITD 799/ 204 TTJ 11 (UO) (Chennai)(Trib.)

S. 45 : Capital gains-Sale of assets used for research and development-Not eligible to claim short-term capital loss or long-term capital loss on sale of assets used for research and development activities for which deduction under S. 35 had already been allowed.[S.2(29A), 2(29B), 2(42B), 35]

Mahindra & Mahindra Ltd. v. DCIT (2020) 180 ITD 776 (Mum.) (Trib.)

S. 44AD : Presumptive taxation-Trader in medicine-Undisclosed cash credits–Bank account-Addition is held to be not justified. [S. 68, 69A, 115BBE]

Thomas Eapen v. ITO (2020) 180 ITD 741 (Cochin)(Trib.)

S. 43(6) : Written down value-WDV of building had been revised on account of disallowance of depreciation in past years-Depreciation on such higher revised opening WDV of building was to be allowed. [S. 32]

ACIT v. Crompton Greaves Ltd. ( 2019) 75 ITR 17 (SN )/ (2020) 181 ITD 40 / 203 TTJ 94(Mum.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Disallowance is applicable not only on payable amount but also on paid amount and under both circumstances TDS should be deducted-If payee had accounted for commission as his income and had shown it in his return of income and also paid tax thereon, then no disallowance could be made. [S. 201]

ITO v. Swati Housing & Construction (P.) Ltd. (2020) 180 ITD 854 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Management supervision charges-Allowable as business expenditure.

DCIT v. India Housing (2020) 181 ITD 1 (Kol.)(Trib.)

S. 36(1)(vii) : Bad debt–Advance to subsidiary–Interest income was offered as income–Failure to repay the advances-Allowable as bad debts. [S. 28(i), 36(2), 37(1)]

Mahindra & Mahindra Ltd. v. DCIT (2020) 180 ITD 776 (Mum.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital–Sufficient interest free funds-Interest free advances-Advance of loan to related parties– Matter remanded back for disposal afresh.

Alpex International (P.) Ltd. v. ACIT (2020) 180 ITD 844 (Mum.) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital–Firm-Partners-Debit balances in partner’s current account–Opening debit balances-No disallowance can be made.

DCIT v. India Housing (2020) 181 ITD 1 (Kol.)(Trib.)

S. 35 : Scientific research expenditure-Weighted deduction-In house research and development facility-Mandate of approval of quantum of expenditure had been inserted with effect from 1-7-2016-for relevant year eligible for weighted deduction. [S.35(2AB)]

ACIT v. Crompton Greaves Ltd. ( 2019) 75 ITR 17 ( SN) /(2020) 181 ITD 40 / 203 TTJ 94(Mum.) (Trib.)