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. 36(1)(iii) :Interest on borrowed capital -Inventories held as current assets —Method of accounting – Accounting Standard 2 — Interest expenses allowable as deduction .[ S.145A ]

Dy. CIT v. Thermo King India Pvt. Ltd. (2020)82 ITR 42 (SN)(Bang) (Trib)

S. 36(1)(iii) :Interest on borrowed capital – Reasonableness of expenditure has to be decided by assessee and not department – Sufficient interest-free funds- No disallowance can be made .

Balji Electrical Insulators P. Ltd. v Dy. CIT (2020)82 ITR 39 (SN) (Ahd) (Trib)

S. 14A : Disallowance of expenditure – Exempt income -Not recording the satisfaction- No disallowance can be made [ R.8D ]

WM India Technical and Consulting Services Pvt. Ltd. v. Dy. CIT (2020)82 ITR 37 (SN)(Delhi) (Trib)

S. 14A : Disallowance of expenditure – Exempt income – Own interest-free funds deployed in business much higher than average investment held by assessee during Year — Disallowance not sustainable [ R. 8D (2) (ii) ]

Sundaram Business Services Ltd. v . ITO (2020) 82 ITR 12 (SN)(Chennai) (Trib)

S. 12AA : Procedure for registration –Trust or institution- No specific findings on genuineness of activities carried on by Trust- Matter remanded to Commissioner for re adjudication [ S. 2(15), 11 ]

Shree Govindanand Shreeram Mandir v. CIT(E ) (2020) 82 ITR 3 (SN)(Pune) (Trib)

S. 11 : Property held for charitable purposes – Application of income – Accumulation of income -Retain or accumulate 15 Per Cent. of income without any time limit and is benevolent in nature however it cannot be regarded as an obligation envisaged in Law. [ S. 11(1)(a) , 11(1)(b ) ]

Gnyan Dham Vapi Charitable Trust v. Dy. CIT (2020)82 ITR 14 (SN)(Ahd) (Trib)

S. 10A : Free trade zone – Profits of the business- Export revenue subsidy — Miscellaneous income —Entitled for exemption [ S.10A(4) , 10B ]

TTEC India Customer Solutions P. Ltd. v ITO (2020)82 ITR 26 (SN)(Ahd) (Trib)

S. 276C : Offences and prosecutions – Wilful attempt to evade tax -Delay in payment of tax which was paid subsequently – Criminal proceedings quashed. [ S.276(2) [

Bejan Singh Eye Hospital Pvt. Ltd v .IT Department (2020) 428 ITR 206 (Mad) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Appellate Tribunal -Power – Lack of enquiry – Tribunal agreeing with Commissioner but setting his order on merits – Tribunal has no power to consider merits of assessment order when it was not subject matter of appeal [S. 12AA,80IB(10) ,254(1) ]

DIT (E). v India Heritage Foundation (2020) 428 ITR 299 (Karn)(HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Capital gains – Purchase of three units in same building- Assessing Officer allowing the exemption taking one of plausible views – Order is not erroneous . [ S.45 , 54 ,54F, 260A ]

PCIT v. Minal Nayan Shah (2020) 428 ITR 23 (Guj)(HC) Editorial: Order in Minal Nayan Shah. (Smt.) v PCIT (2020) 180 ITD 149 (Ahd) (Trib.) affirmed .