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. 80IA :Industrial undertakings – Production of power —Energy – Power would Include steam – Steam produced can be termed as power and would qualify for the benefits . [ S.80IA(4) ]
PCIT v. Jay Chemical Industries Ltd. (2020)422 ITR 449 / 107 CCH 0459/ 275 Taxman 78 (Guj) (HC)
S.68: Cash credits — Unexplained money — Estimation of gross profit – Day to day stock register is maintained – Deletion of addition is held to be justified . [ S.153A ]
PCIT v. Omprakash Dhanwani (2018) 103 CCH 0493 /(2020) 422 ITR 315 (MP)(HC)
S. 68 : Cash credits – Affidavit filed by the asesssee was not rebutted -Arbitrary rejection of explanation is not proper – Duty Assessing Officer to conduct proper enquiry-Matter remanded
Adhithiya Gears P. Ltd. v .ACIT (2019) 106 CCH 0435 /(2020)422 ITR 218/ 275 Taxman 350 (Mad)(HC)
S. 40(a)(ia): Amounts not deductible – Deduction at source – Payment to truck owners towards freight charges – Commission agent – Form 15I was collected within time -Deletion of disallowance is held to be justified .[ S.194C ]
PCIT v. Dilipkumar Bapusaheb Patole (2020)422 ITR 426 / 107 CCH 0456 / 275 Taxman 449 Guj)(HC)
S. 40(a)(ia): Amounts not deductible – Deduction at source -Recipient has declared the income – No loss to revenue – No disallowances can be made – Amendment with effect from 1-4-2013 is declarative and curative in nature . [ S.271C ]
CIT v. S. M. Anand (2019) 105 CCH 0508/(2020)422 ITR 209 (Karn)(HC)
S. 40(a)(i) : Amounts not deductible – Deduction at source -Non-resident -Interest on foreign currency Loan —Specific exemption from Ministry of Finance for interest —Not liable to deduct tax at source – No disallowances can be made .[ S.10(15)(iv)(f),37(1), 195 ]
CIT v. Seven Seas Distillery (Pvt.) Ltd. (2020)422 ITR 229 / 185 DTR 105/ 312 CTR 272/ 271 Taxman 188 (Mad) (HC)
S. 36(1)(viia) :Bad debt-Provision for bad and doubtful debts – Schedule bank – Entitled to deduction to the extent provision is made in the accounts subject to the limit mentioned in S.36(1)(viia) of the Act .
CIT . v Syndicate Bank (2020) 422 ITR 460 /107 CCH 0450 / 188 DTR 272 / 274 Taxman 522(Karn)(HC)
S.36(1) (iii): Interest on borrowed capital — Amount borrowed advanced at lower interest — Revenue authorities cannot substitute their own wisdom or notion about the rate of interest agreed to between the parties – Interest is deductible .
CIT v. Shriram Investments (2019) 104 CCH 0737 /(2020)422 ITR 528 (Mad) (HC)
S. 36(1)(iii) :Interest on borrowed capital – Borrowed from banks and advanced to sister concern- Commercial expediency – Sufficient interest free fund was available – Deletion of disallowance is held to be justified .
PCIT v .Gaursons Realty Pvt. Ltd. (2020)422 ITR 123 /104 CCH 0733/ 274 Taxman 512 (Delhi) (HC)