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
Click here to download the pdf versions of the Digest of case laws
S. 35 : Scientific research expenditure-Deduction could not be denied merely because prescribed authority failed to send intimation in Form 3CL in respect of expenditure incurred by R&D unit for relevant assessment year. [S. 35(2AB)]
DCIT v. STP Ltd. (2021) 187 ITD 538 / 86 ITR 14 (Kol.)(Trib.)
S. 32 : Depreciation-Software-Capital or revenue-If assessee’s claim allowed, claim to depreciation for following year would become infructuous. [S. 37(1)]
Dy.CIT v. Sisecam Flat Glass India Ltd. (2021) 87 ITR 1 (SN) (Kol.)(Trib.)
S. 28(1) : Business loss-Bad debt-Business of Financing and investing-Giving Guarantees was one of the object-Borrowers for whom guarantee given, defaulted and assessee repaid the loan amount-Assessee recovered partial amount from borrowers and balance unrecovered amount written off, was held allowable as business loss. [S. 36(2)]
WGF Financial Services Pvt. Ltd. v. CIT (2021) 87 ITR 14 (SN) (Delhi)(Trib.)
S. 28 (i) : Business loss-loss on securities-Mark-to-Market loss-Unrealised foreign exchange loss allowable as business loss. [S. 37(1)]
Dy. CIT v. KEC International Ltd. (2021) 87 ITR 587 (Mum.)(Trib.)
S. 28(i) : Business income-Provision for carbon credit-No sale of carbon credits during year-provision for carbon credits inadvertently included in taxable income,-Remand report that provision written off in subsequent year and disallowed in assessment for that year-Provision not taxable. [S. 143(3), 145]
Dy. CIT v. Dee Development Engineers ltd. (2021) 87 ITR 38 (SN) (Delhi)(Trib.)
S. 28(i) : Business income-Licence to run the hotel along with fully furnished hotel-Assessable as business income and not as income from house property. [S. 22]
Dodla International Ltd. v. ACIT (2021) 187 ITD 693 (Chennai) (Trib.)
S. 24 : Income from house property-Deductions-Business of real estate-Interest-Amount borrowed for repayment of earlier loan-Allowable as deduction. [S. 22, 24(b)]
Indraprastha Shelters (P.) Ltd. v. DCIT (2021) 187 ITD 306 /212 TTJ 674/ 202 DTR 434(Bang.)(Trib.)
S. 22 : Income from house property-Renting of terrace for installation of antenna tower was taxable as income from house property and not as income from other sources. [S. 56]
Maker Tower Premises Co. Op. Society Ltd. v. ACIT (2021) 187 ITD 653 (Mum.)(Trib.)
S. 22 : Income from house property-Deemed rent on unsold flats lying as inventory-Not taxable as income from house property-The amendment in Finance Act, 2017 w.e.f. 1 April 2018 is prospectively applicable from AY 2018-19 onwards. [S. 23]
Kumar Properties and Real Estate P. Ltd. v. Dy.CIT (2021) (2021) 190 ITD 212 / 87 ITR 169 (SN)/ 212 TTJ 227/ 202 DTR 425 (Pune) (Trib.)
S. 22 : Income from house property-Rent-From installation of antenna tower on the terrace assessable as income from house property and not as income from other sources-Deduction allowable as per S. 24(a) of the Act. [S. 24(a), 56]
Maker Tower Premises Co. Op. Society Ltd. v. ACIT (2021) 187 ITD 653 (Mum.)(Trib.)