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. 48 : Capital gains-Computation-2% of sale Commission payment held to be allowable as expenditure-Amount paid to furniture is held to be not allowable as the claim was not made before the lower authorities. [S. 45, 54]

Fozia Khan. (Ms.) v. ITO (2020) 185 ITD 446 (Jaipur)(Trib.)

S. 45 : Capital gains-Slump sale-Amount kept in Escrow account-Payable in five instalments on fulfilment of certain obligation-Entire capital gains cannot be taxed in the relevant year. [S. 50B]

Universal Medicare (P.) Ltd. v. DCIT (2020) 185 ITD 250 / (2021) 211 TTJ 396 (Mum.) (Trib.)

S. 45 : Capital gains-Agricultural Land-sold was too small-No evidence was produced for the agricultural activities carried on-Assessable as capital gains. [S. 2(14)(iii)]

Jairam G Kimmane. v.Dy.CIT (2020) 185 ITD 511 /( 2021 ) 88 ITR 3008 (Bang.)(Trib.)

S. 43(3) : Plant-Golf course-Eligible depreciation at 15%. [S. 32]

Landbase India Ltd. (2020) 80 ITR 580 / 185 ITD 40 (Delhi)(Trib.)

S. 40A(9) : Expenses or payments not deductible-Amount was paid for welfare of employees of assessee and not as contribution to any fund, trust, etc.-Provision is not applicable-Less than monetary limit-Appeal is not maintainable. [S. 268A]

Karnataka State Industrial Infrastructure Development Corporation Ltd. v. DCIT (2020) 83 ITR 386 / 185 ITD 441/( 2021 ) 211 TTJ 362 (Bang.)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Payments were made by Cheques-Disallowance is held to be not justified.

Ramesh Exports (P.) Ltd. v. DCIT (2020) 185 ITD 551 (Bang.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Quantum of disallowance-Provision would cover payable but also those sum which are payable at any time during year.

Amit Yadav v. ITO (2020) 185 ITD 353 (Delhi)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Channel placement fees-Short deduction of tax at source-No disallowance can be made. [S. 9(1)(vi), 194C, 194J]

Star India (P.) Ltd. v. ACIT (2020) 185 ITD 559/81 ITR 8 (SN) (Mum.)(Trib.)

S. 37(1) : Business expenditure-Passive infrastructure and automated teller machine sites to telecom and banking industry Professional Charges-Interest on borrowed capital-Not carried on any business during the relevant year-Not allowable as business expenditure. [S. 36(1)(iii)]

Quippo Telecom Infrastructure (P.) Ltd. v. ACIT (2020) 185 ITD 275 / (2021) 198 DTR 378 / 209 TTJ 828 (Delhi) (Trib.)

S. 37(1) : Business expenditure-Ad-hoc addition-Books of account not rejected-Addition is held to be not valid.

Katira Construction Ltd. v. ACIT (2020) 185 ITD 173 (Rajkot) (Trib.)