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.68 : Cash credits – Share Application Money -In the absence of incriminating material found during search – No addition can be made. [ S. 132, 153C ]

PCIT v. Dhananjay International Ltd (2020) 114 taxmann.com 317 (Bom.)(HC) Editorial: SLP granted to the revenue. ( tagged along with 4090 of 2016 ) (CA No. 7600 of 2019, 16/09/2019)(2019) 418 ITR 17(St.)(SC) /(2020) 114 taxmann.com 351 (SC)

S.45(3) : Foreign exchange forward contract loss – Allowable as business loss and setoff against loss. [ S.28(i) ]

PCIT v. Rikin Exports (Bom)(HC)(UR) Editorial : SLP of revenue is dismissed. (SLP18517/2019 dt.24/02/2020)

S.45: Capital gains – No cost of acquisition of TDR (Development rights) – Not liable to capital gain tax.

PCIT v. Manohar H. Kakwani. (Bom) (HC) (UR) Editorial: SLP of revenue is dismissed (SLP No.18498 of 2019 dt.02/08/2019)(2019) 416 ITR 125 (St.)(SC)

S. 45: Capital gains – Land – Survey – Statement -There was no building on the land which was subject to depreciation – Rent was received only in respect of land – Provision of S.50 cannot be applied merely on the basis of statement in the course of survey [ S.50 ,133A, 194I ]

PCIT v. Firoz Tin Factory (Bom)(HC)(UR) Editorial: SLP of revenue is dismissed (SLP No.21694 of 2019 dt.06/09/2019)(2019) 417 ITR 56 (St.)(SC)

S. 44: Insurance business – Loss from Jeevan Suraksha fund cannot be added while computing the income from insurance business. [(S. 10(23AAB) ]

PCIT v. Life Insurance Corporation of India. (Bom)(HC)(UR) Editorial : SLP granted to the revenue (CA No.7335 of 2019 dt.06/09/2019)(2019) 418 ITR 14 (St.)(SC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Remission of loan by Government of Maharashtra cannot be assessed u/s 28(iv) or 41(1) of the Act – Order of Tribunal is affirmed [ S.28(iv )]

PCIT v. SICOM Ltd (2020) 274 Taxman 58 (Bom) (HC)

S.41(1) : Remission or Cessation of trading liability – Waiver of loan – OTS Scheme -Addition can not be made in to the income in respect of waiver of principal loan which was utilised for acquisition of capital assets . [ S. 28(iv)]

CIT v. Rieter India Pvt. Ltd. (Bom)(HC)(UR) Editorial: SLP of revenue is dismissed (SLP No.12690 of 2019 (2019) 414 ITR 3(St.)(SC)

S.37(1) : Business expenditure : Bank NRI deposits mobilisation expenditure – replacement of shares – Held to be allowable.[ S.44AC ]

CIT v. Hongkong and Shanghai Banking Corporation Ltd. (Bom) (HC) (UR) Editorial: SLP of revenue is dismissed (SLP No.18521 of 2019 dt.02/08/2019)(2019) 416 ITR 124 (St.)(SC)

S.37(1) :Business expenditure – Commission paid to the foreign agents for having worked on behalf of the Assessee in procuring sales is held to be allowable- Business Loss – No colourable device employed by Assessee in the process sale of shares at low price- Loss is held to be allowable .[ S.28(i) ]

PCIT v .Navin Fluorine International Ltd. (Bom)(HC)(UR) Editorial: SLP of revenue is dismissed (SLP No.19379 of 2019 dt.13/08/2019) (2019) 417 ITR 55 (St.)(SC)

S.37(1) : Business expenditure – Capital or revenue – Bank NRI mobilisation expenditure – Amount paid to vacating the premises – Held to be allowable

CIT v. Hongkong and Shanghai Banking Corporation Ltd (2020) 114 taxmann.com 275 (Bom.)(HC) Editorial: SLP of revenue is dismissed (SLP (C )No.19466 of 2019dt )(2019) 418 ITR 9 (St) (SC)/ (2020) 114 taxmann.com 276 (SC)