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. 35DDA : Amortisation of expenditure-Voluntary retirement scheme – Expenses incurred prior to insertion of section – Governed by earlier provisions. [S. 37 (1)]

Foseco India Ltd. v. Dy. CIT (2020) 80 ITR 29 (SN) (Pune)(Trib.)

S. 32 : Depreciation-Computer software-60% depreciation is allowable.

ACIT v. Indiabulls Ventures Ltd. (2020) 80 ITR 5 (SN) (Delhi)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-No exempt income during the year-No disallowance can be made.[R. 8D]

ACIT v. Chadha Papers Ltd. (2020) 80 ITR 38 (SN) (Delhi)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Only exempt income yielding investments to be considered to compute disallowance. [S. 115JB, R. 8D]

Bahar Agrochem And Feeds P. Ltd. v. Dy.CIT (2020) 80 ITR 24 (SN) (Mum.)(Trib.)

S. 11 : Property held for charitable purposes-Trust entitled carry forward deficit of current year and to set it off against income of subsequent years. [S. 11((1)(a), 12A]

ITO(E) v. Dr. Bhai Mohan Singh Foundation (2020) 80 ITR 27 (SN) (Delhi)(Trib.)

S. 11 : Property held for charitable purpose-A Statutory body established for acquisition of land for Industrial Infrastructure- Operating on non profit basis-Entitle to exemption. [S. 2(15), 32]

ACIT v. Karnataka Industrial Areas Development Board (2020) 80 ITR 1 (SN) (Bang.)(Trib.)

S. 10AA : Special economic zones-Trading covered by Services under Special Economic Zones Act, 2005-Entitle to deduction-Special Economic Zones Act, 2005 has overriding effect over provisions contained in any other Act. [Special Economic Zones Act, 2005, S. 2(z), 51]

Dy. CIT v. Dutyfree Distribution Services Pvt. Ltd. (2020) 80 ITR 32 (SN.) (Mum.)(Trib.)

S. 254(2A): Appellate Tribunal –Stay- Any order of stay shall stand vacated after the expiry of the period or periods mentioned in the Section only if the delay in disposing of the appeal is attributable to the assessee.[ Art . 14 ]

Dy.CIT v. Pepsi Foods Ltd. (Now Pepsico India Holdings Pvt . Ltd.) (SC) www.itatonline.org

S.153D:ASSESSMENT – SEARCH -APPROVAL – APPROVAL HAS TO BE GIVEN EACH ASSESSMENT YEAR BY PROPER APPLICATION OF MIND – MECHANICAL APPROVAL IS HELD TO BE BAD IN LAW . [ S.132

SANJAY DUGGAL V. ACIT (DELHI)(TRIB), WWW.ITATONLINE.ORG

S. 17(2:PERQUISITE – ESOP BENEFITS GRANTED TO AN ASSESSEE WHEN HE WAS RESIDENT AND IN CONSIDERATION FOR SERVICES RENDERED IN INDIA IS TAXABLE EVEN THOUGH THE ASSESSEE IS A NON-RESIDENT IN THE YEAR OF EXERCISE- DTAA -INDIA – UAE [ S.15 , ART .15 ]

V. S. Unnikrishnan v. ITO (IIT ) (2021) 86 ITR 11 (SN)/ 198 DTR 73/ 209 TTJ 681 (Mum)(Trib). www.itatonline.org