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. 37(1) : Business expenditure-Scientific Research–No weighted deduction claimed of actual expenses–Deduction allowable as business expenditure. [S. 35(1)(ii)]

CIT v. The Tamil Nadu State Transport Corporation (Madurai) Ltd (2019) 179 DTR 161 / 104 CCH 608 (Mad.)(HC)

S. 37(1) : Business expenditure-Interest–Front end fees paid to bank for obtaining loan forms part of interest as defined – Expenditure towards front end fees paid is treated as revenue in nature- Matter remanded. [S. 2(28A), 35D(1)]

CIT v. Kesoram Industries Ltd (2019) 179 DTR 49 / 104 CCH 437/ (2020) 268 Taxman 446 (Cal.)(HC)

S. 37(1) : Business expenditure–advertisement expenses need not be debited to the capital work in progress when assessee follows completed contract method. [S. 145]

CIT v. Gopal Das Estates & Housing (P) Ltd. (2019) 308 CTR 201 (Delhi)(HC)

S. 37(1) : Business expenditure–amount paid to the allottees of flat for surrendering of their right therein is revenue in nature and is for the purpose of the business–such expenditure cannot be added to the cost of the stock but is an extraordinary item. [S. 145]

CIT v. Gopal Das Estates & Housing (P) Ltd. (2019) 308 CTR 201 (Delhi)(HC)

S. 36(1)(iii) : Interest on borrowed capital–interest free advance given to associates for the assessees’s business–Held, no disallowance required.

CIT v. Gopal Das Estates & Housing (P) Ltd. (2019) 308 CTR 201 (Delhi)(HC)

S. 32 : Depreciation–Plant and machinery installed for generation of power is eligible for additional depreciation under clause (iia) as electricity is covered in the meaning of ‘article or thing’. [S. 32(1)(iia)]

PCIT v. NTPC SAIL Power Co. (P) Ltd. (2019) 178 DTR 53 / 103 taxmann.com 398 / 308 CTR 838 (2020) 428 ITR 535/ 308 CTR 838 (2020) 428 ITR 535 (Delhi)(HC)

S. 28(i) : Business income–Un realised foreign exchange gains-Matter remanded. [S. 145]

CIT v. Kesoram Industries Ltd. (2019) 179 DTR 49 / 104 CCH 437/ ( 2020) 268 Taxman 446 (Cal.)(HC)

S. 22 : Income from house property–Rental income from letting out of stock-in-trade was consistently held to be taxable under the head income from house property–Held, consistency principle to be followed. [S. 28(i)].

CIT v. Gopal Das Estates & Housing (P) Ltd. (2019) 308 CTR 201 (Delhi)(HC)

S. 10AA : Special economic zones–Conditions in section 10AA(4) are to be satisfied on a unit wise basis and not on an entity basis- Once the claim was allowed in the first year, it could not be denied in the third year. [S. 10AA(4)]

PCIT v. Macquarie Global Services (P) Ltd. (2019) 178 DTR 27/ 102 taxmann.com 272/ 311 CTR 929 (Delhi)(HC)

S. 10A : Free trade zone-Expenditure incurred in foreign exchange on communication/internet charges are to be excluded from total turnover.

CIT .v. Ness Technologies (India) (P) Ltd (2019) 307 CTR 588 / 174 DTR 260 (Bom.)(HC)