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. 80IB(10) : Housing projects-Completion / occupation certificate issued by Municipality-Tribunal order allowing the claim is affirmed. [S. 260A]

PCIT v. Rattanchand Rikhadbas Jain Chemical Works (2020) 273 Taxman 261 (Bom.)(HC)

S. 80IB(10) : Housing projects-Developer-Owner-If developer was allowed to claim deduction under section 80IB (10) equivalent to its share in profit, assessee land owner should also be allowed to claim deduction of its share, direction of Tribunal was proper. [S. 260A]

CIT v. Astoria Leathers (2020) 273 Taxman 159 (Mad.)(HC)

S. 80IA : Industrial undertakings-Enhancement of profit-Incidental income arising to electricity distribution company on account of commission on arrears, replacement of burnt metres, inspection fee, reconnection fee, miscellaneous recovery from suppliers etc., which are incidental incomes would be eligible to deduction. [S. 32, 40(a)(ia), 40A(3), 43B]

Dy.CIT v. Tata Power Delhi Distribution Ltd. (2020) 273 Taxman 56 (Delhi)(HC)

S. 68 : Cash credits-Sales from Kiran business-Cash deposit in bank account-Failure to produce any material-Addition is held to be justified.

Ravinder Kumar v. ITO (2020) 273 Taxman 369 (Delhi)(HC)

S. 68 : Cash credits-Share capital-Identity and genuineness is established-Deletion of addition is held to be valid.

PCIT v. Amravati Infrastructures Developers (P) Ltd. (2020) 272 taxman 133 (P&H)(HC)

S. 54F : Capital gains-Investment in a residential house-Invested sale proceeds of old asset in new property before due date of filing belated return and took possession within three years-Entitled to exemption though she had not invested sale proceeds in Capital Gain Account Scheme before due date of filing of return under section 139(1). [S. 45, 139(1)]

CIT v. Umayal Annamalai (Smt.) (2020) 273 Taxman 146 (Mad.)(HC)

S. 45 : Capital gains-Purchase and sale of land-Assessable as capital gains and not as business income. [S. 28 (i)]

CIT v. Kishan House Builders Association (2020) 273 Taxman 451 (Karn.)(HC)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Outstanding for more than three years-Addition cannot be made as cessation of liability.

PCIT v. Adani Agro (P) Ltd. (2020) 273 Taxman 430 (Guj.)(HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Amendment made to section 40(a)(ia) by Finance Act, 2010 inserting proviso therein would apply retrospectively with effect from assessment year 2005-06.

CIT v. Archean Granites (P) Ltd. (2020) 273 Taxman 511 (Mad.)(HC)

S. 37(1) : Business expenditure-Wholly and exclusively-Remuneration paid to promoter-Director-Consultation-Allowable as deduction though not attended the office for six years.

PCIT v. VVF Ltd. (2020) 273 Taxman 503 (Bom.)(HC)