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-Real estate business-Land acquired for development-Expenditure allowable as the business commenced no business income is declared-Expenses for development of residential or commercial project to be considered as work-in-progress.
Bengal Shriram Hitech City Pvt. Ltd. v. ACIT (2021) 86 ITR 719 (Bang.)(Trib.)
S. 36(1)(iii) : Interest on borrowed capital-Loan for purchase of Office-Interest not allowable for period till asset put to use.
United Teleservices Ltd. v. ACIT (2021) 86 ITR 36 (SN) (Kol.)(Trib.)
S. 36(1)(iii) : Interest on borrowed capital-External commercial borrowing loan-Expansion of existing business-Disallowance cannot be made.
Maxim India Integrated Circuit Design Pvt. Ltd. v. Dy.CIT (2021) 187 ITD 547 / 86 ITR 26 // 212 TTJ 986/ 204 DTR 332 (Bang.)(Trib.)
S. 35 : Scientific research-Research and development facility should be approved by Prescribed Authority-Failure by prescribed authority to send intimation in Form 3CL-Weighted deduction cannot be denied. [S. 35(2AB), ITR 6]
Dy. CIT v. STP LTD. (2021) 187 ITD 538 / 86 ITR 14 (SN) (Kol.)(Trib.)
S. 32 : Depreciation -Computer software —Intangible asset- Entitled to depreciation at 60% Per Cent.
Dy.CIT v. MPS Infotecnics Pvt. Ltd. (2021) 86 ITR 141 (Delhi) (Trib)
S.32: Depreciation —Hotel business – Car parked at premises of managing Director – Depreciation cannot be disallowed – Gym equipment – Depreciation cannot be disallowed because it was used by managing director .
ACIT v. Claridges Hotels Pvt. Ltd. (2021)86 ITR 402 (Delhi)(Trib)
S .14A : Disallowance of expenditure – Exempt income – Presumption that the investment was made with interest free funds – Matter remanded [ R.8D ]
Suresh Chunnilal Sharma v. ITO (2021) 86 ITR 22 (SN)(Pune) (Trib)
S. 11 : Property held for charitable purposes – Microfinance to self help groups – No profit motive – Denial of exemption is not justified [ S. 2(15), 12A ]
Janodaya Trust v. A CIT (E) (2021) 86 ITR 1 (SN)(Bang) (Trib)
S. 11 : Property held for charitable purposes – Hospital – Closer of loss making unit – Rule of consistency applied – Entitle to exemption and registration.[2(15),11(1),11(4A),12AA,13(1)(c),13(3)]
Dy.CIT (E) v. Punjab Medical Foundation Charitable Trust (2021)86 ITR 495 (Chd) (Trib)