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-Joint Venture with State Industrial Corporation-Subsequent winding up of joint venture company — Amount paid as guarantor under the Scheme of BIFR is held to be allowable as deduction.
CIT v. Apollo Tyres Ltd. (2019)419 ITR 100 /(2020) 274 Taxman 258 (Ker.)(HC)
S. 37(1) : Business expenditure–Deferred expenditure-No concept of deferred revenue expenditure–Expenditure is allowable as deduction.
PCIT v. Manugraph India (P) Ltd ( 2019) 267 Taxman 437 (Bom.)(HC)
S. 36(1)(iii) : Interest on borrowed capital–Interest and finance charges-loans taken for investment in acquiring controlling interest in a foreign subsidiary which is in same line of business-Allowable as expenditure. [S. 37(1)]
PCIT v. Concentrix Services (I) (P.) Ltd. (2019) 267 Taxman 625 (Bom.)(HC)
S. 36(1)(iia) : Weighted deduction–Salary paid to blind or physically handicapped persons–Computation-Salary to be taken after allowance of standard deduction. [S. 16]
Pieco Electronics & Electricals Ltd. v. CIT (2019) 267 Taxman 548 /(2020) 187 DTR 19/ 313 CTR 243(Cal.)(HC)
S. 32 : Depreciation-Moulds – Depreciation at 30 % or 10%-Glass manufacturing concern-Matter remanded to the Tribunal. [S.254(1)]
Pieco Electronics & Electricals Ltd. v. CIT (2019) 267 Taxman 548 /(2020) 187 DTR 19/ 313 CTR 243(Cal.)(HC)
S. 32 : Depreciation-Entitled to depreciation in respect of assets which were discarded or scrapped during previous year-Not necessary that such assets were actually sold during year.
Pieco Electronics & Electricals Ltd. v. CIT (2019) 267 Taxman 548/(2020) 187 DTR 19/ 313 CTR 243 (Cal.)(HC)
S. 32 : Depreciation-Unabsorbed depreciation-Carry forward and Set off-Entitle to set off carried forward unabsorbed depreciation against income assessed u/s. 68 of the Act-Prior to Amendment of S.115BBE with effect from 1-4-2017-Amendment is not retrospective. [S. 68 115BBE]
Vijaya Hospitality and Resorts Ltd. v. CIT (2019) 419 ITR 322 / 180 DTR 305 (Ker.)(HC)
S. 28(i) : Business income-Capital gains-288 transactions– Assessable as business income and not short term capital gains. [S. 45]
Rajeev Choudhary (Dr.) v. ACIT (2019) 267 Taxman 618 (MP)(HC)
S. 14A : Disallowance of expenditure-Exempt income–Tribunal is justified in restricting the disallowance of 5% of exempt income-Rule 8D would not be applicable retrospectively. [R. 8D]
PCIT v Reliance Natural Resources Ltd. (2019) 267 Taxman 644 (Bom.)(HC)/Editorial : SLP of Revenue dismissed , PCIT v. Reliance Natural Resources Ltd. (2022) 286 Taxman 435 (SC)
S. 12AA : Procedure for registration–Trust or institution-Delay in filing form No 10-CIT(E ) is held to be not justified in rejecting the form no 10 filed belatedly–Delay was condoned–Matter remanded to CIT( E ) grant the registration as per the law. [S. 11(2) 119(2b), 147, 148, Art. 226]
Coimbatore Muslim Relief Fund v. DIT (E) (209) 267 Taxman 399 / ( 2020) 185 DTR 364(Mad.)(HC)