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. 80P : Co-operative societies-Return filed in response to notice under section 148-Deduction cannot be denied-Interest earned from funds belonging to members-Deduction allowable. [S. 80A(5), 80P(2)(a)(i), 147, 148]

ACIT v. Daee Co-Operative T and C Society (2020) 84 ITR 42 (SN) (Chennai)(Trib.)

S. 68 : Cash credits-Inspector’s report not furnished and opportunity of cross examination not provided-Violation of principle of natural justice-Addition was deleted. [S. 131, 133(6)]

Thirubala Chemicals Pvt. Ltd. v. ITO (2020) 84 ITR 8 (SN) (Delhi) (Trib.)

S. 56 : Income from other sources-Appellate Tribunal-Additional grounds-Shares in excess of fair market value of shares-Start-Up Companies-Consolidated circular of Central Board of Direct Taxes dealing with assessment of Start-Up Companies-Matter remanded to CIT(A). [S. 56(2)(viib), 254(1)]

Istar Skill Development Pvt. Ltd. v. ITO (2020) 84 ITR 6 (SN) (Bang.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Scheduled Tribes-Not liable to deduct tax at source as the receipt is not taxable in their hands-Payments to other persons matter remanded to the AO to verify whether payees had included receipts in computation of their total income. [S. 10(26), 195(7)]

ITO v. S. S. Netcom Pvt. Ltd. (2020) 84 ITR 67 (SN) (Gauhati)(Trib.)

S. 37(1) : Business expenditure-Environmental, Travelling, Office maintenance expense-Matter remanded to the Assessing Officer.

Kartikeya Manganese and Iron Ore Pvt. Ltd. v. Dy.CIT (2020) 84 ITR 10 (SN) (Bang.)(Trib.)

S. 37(1) : Business expenditure-Abandoned project-Link with existing business-Allowable as deduction-Payment of bonus commensurate with efforts-Allowable as deduction. [S. 36(2)]

IDFC Projects Ltd. v. ACIT (2020) 84 ITR 30 (SN) (Mum.)(Trib.)

S. 37(1) : Business expenditure-Business Expenditure-Business-Setting up of business and commencement of business-Allowable as deduction.

Gco Technologies Centre P. Ltd. v. ITO (2020) 84 ITR 21 (SN) /(2021) 187 ITD 136 (Mum.)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Sufficient interest-free funds available for investment in sister concerns-Interest on borrowings not to be disallowed.

Kumar Urban Development Ltd. v. ITO (2020) 84 ITR 17 (SN) (Pune) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Capitalisation of interest paid up to date of installation of machinery-Interest relating to assessee’s own funds utilised in purchase to be excluded in computing the interest to be capitalized.

Rajkalp Mudraalaya Pvt. Ltd. (2020) 84 ITR 4 (SN.) (Ahd.) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Interest-free advances received from customers were available-Interest-free loans given to subsidiaries-Proportionate disallowance of interest not warranted.

Assetz Infrastructure Pvt. Ltd. v. Dy.CIT (2020) 84 ITR 59 (SN) (Bang.)(Trib.)