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. 115JB : Book profit – Insurance company – Provision is not applicable – Solatium fund – Estimation done according to directions given by Government of India as per decision taken by general Insurance Company — Not liable to taxation . [ S. 4, 37(1)

CIT v. Royal Sundaram Alliance Insurance Co. Ltd. (2020)423 ITR 122 (Mad)(HC)

S.80P: Co-Operative Society —Interest from credit to employees — Not entitled to deduction .

Kerala State Co-Operative Agricultural and Rural Development Bank Ltd. v Dy. CIT (2020)423 ITR 350 (Ker) (HC)

S.80IB (10): Housing Project —Entire project as composite one – entitle to deduction .

CIT v. A. Jagadeeswari ( Smt.) (2020)423 ITR 8 / 274 Taxman 168(Mad) (HC)

S.80IA: Industrial undertaking – Backward area —Undertaking set up in area designated subsequently as backward —Not entitled to deduction .

CIT v . Endeka Ceramics (India) Pvt. Ltd. (2020)423 ITR 117/ 186 DTR 369/ 313 CTR 238/ 269 Taxman 591 (Karn)(HC)

S.69C: Unexplained expenditure — Bogus purchases – Information from Sales-Tax Authority — Neither independent enquiry conducted by Assessing Officer nor due opportunity given to assessee Deletion of addition is held to be justified .

PCIT v. Shapoorji Pallonji and Co. Ltd. (2020)423 ITR 220/ 273 Taxman 167 (Bom)(HC) Editorial: SLP of Revenue dismissed , PCIT v. Shapoorji Pallonji and Co. Ltd. (2022) 288 Taxman 661 (SC)

S. 69A : Unexplained money – Hundi business- Addition cannot be made solely on statement of party against whom search conducted —No cogent material produced by the revenue – Deletion of addition is held to be proper . [ S. 132 ,143(3) 147 153C ]

CIT v. Sant Lal (2020) 423 ITR 1/ 195 DTR 203/ 317 CTR 483/ 273 Taxman 551 (Delhi)(HC)

S.56: Income from other sources- Capital gains-Acquisition of Land – Interest on enhance compensation — Assessable as income from other sources- Language of section plain and unambiguous — External aids cannot be adopted to interpret provision . [ 10(38), 45 56(2)(viii), 145A,, 264, Land Acquisition Act , 1894 , 28 Art .226 ]

Mahender Pal Narang v. CBDT (2020) 423 ITR 13 / 194 DTR 253/ 316 CTR 906/ 275 Taxman 222(P&H)(HC)Editorial : SLP of assessee is dismissed , Mahender Pal Narang v. CBDT Mahender Pal Narang v. CBDT ( 2021 ) 279 Taxman 74 /2024) 462 ITR 498( SC)

S. 54 : Capital gains – Profit on sale of property used for residence –
Construction of new residential house need not begin after sale of original house- Booking the flat under construction is considered as construction of house – Deletion of addition made for alleged receipt of maintenance charges was held to be justified . [ S. 4, 45 ]

PCIT v. Akshay Sobti (2020) 423 ITR 321/ 188 DTR 158 / 316 CTR 880(Delhi) (HC) PCIT v. Pradeep Sobti (2020)423 ITR 321/188 DTR 158/ 316 CTR 880 (Delhi) (HC) PCIT v.Seema Sobti ( Smt.) (2020)423 ITR 321/188 DTR 158/ 316 CTR 880 (Delhi) (HC)

S. 45 : Capital gains – Income from other sources- Transfer of rights in property – Assessable as capital gains and not as income from other sources [ S. 54EC ,56 ]

Amol C. Shah (HUF) v. ITO (2020)423 ITR 408 / 274 Taxman 519 (Bom)(HC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Commission claimed as expenditure – Write off of loan- cannot be treated as revenue receipts .

PCIT v .Rajasthan Co-Operative Dairy Federation Ltd. (2020)423 ITR 89 (Raj) (HC)