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 — Expenditure on higher education of managing director of subsidiary company — Person becoming director after completion of higher Education —Not deductible.

Kerala Kaumudi Pvt. Ltd. v. CIT (2020) 425 ITR 202 (Ker)(HC)

S.37(1):Business expenditure — Capital or revenue – Interest paid for delay in allotment of shares for increasing share capital — Not allowable as revenue expenditure .

CIT v . GMR Industries Ltd. (2020) 425 ITR 504/ 194 DTR 52 (Karn) (HC)

S.37(1):Business expenditure — Capital or revenue – Interest paid for delay in allotment of shares for increasing share capital — Not allowable as revenue expenditure .

CIT v . GMR Industries Ltd. (2020) 425 ITR 504 /194 DTR 52(Karn) (HC)

S. 36(1)(vii) :Bad debt – — Assessee only to establish that debt written off in accounts — Not necessary to establish that debt in fact had become irrecoverable — Law after 1-4-1989-Winding up — Diminution in value of investment made by assessee in company in liquidation —Capital loss – Matter remanded to the Assessing Officer . [ S.46(2) ]

CIT (LTU) v. ABB Ltd . (2020) 425 ITR 677/ 274 Taxman 314 (Karn)( HC)

S. 36(1)(vii) :Bad debt -Law after 1-4-1989 — Not necessary to establish or prove that debt has become irrecoverable — Recording of debt as bad debt in books of account is sufficient. [ S.28(i)]

PCIT v. Hybrid Financial Services Ltd. (2020) 426 ITR 358 /(2021) 276 Taxman 73 (Bom)(HC)

S. 36(1)(iii) :Interest on borrowed capital – Real estate business- Amount borrowed to purchase shares to expand business- Controlling interest – Interest allowable as deduction [ S. 37(1) , 57(iii) ]

B. Nanji and Co. v. Dy. CIT (2020)425 ITR 286 / 194 DTR 390/ 317 CTR 203(Guj)(HC)

S.28(i): Business income -Capital gains —Object of firm is to purchase and sell land -Profit from purchase and sale of land assessable as business income.[ S.45 ]

Afonso Real Estate Developers v .CIT (2020) 425 ITR 153 / 271 Taxman 40(Panaji) (Bom)(HC)

S. 14A : Disallowance of expenditure – Exempt income – No claim by assessee of exempt income — No disallowance can be made [ R.8D (2)(ii) ]

PCIT v. Kohinoor Project Pvt. Ltd. (2020)425 ITR 700 / (2021) 276 Taxman 180 (Bom)(HC)

S. 12AA : Procedure for registration –Trust or institution- Activity of import and distribution of raw material- Matter remanded to the Appellate Tribunal [ S. 2(15) 11,254(1) ]

Tamil Nadu Leather Tanners Exporters Importers Association v. Dy. DIT(E) (2020)425 ITR 63 (Mad)(HC)

S. 12AA : Procedure for registration –Trust or institution-Application not disposed of within six months — Registration cannot be deemed to be granted —interpretation of taxing statutes — Literal Interpretation- Meaning of deemed [ S.12AA(2) ]

CIT (E) v. Addor Foundation (2020) 425 ITR 516/ 188 DTR 92/ 315 CTR 101/ 273 Taxman 455 (Guj) (HC)