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.32: Depreciation –Special foundation of windmill – 80% depreciation allowed on Civil Construction, electrical and other non-integral part of installations as against 15% restricted by the AO .
PCIT v. Mahalaxmi Infra Projects Ltd (Bom) (HC) www.itatonline.org.
S.28(i) :Business loss – Business expenditure — Obsolescence allowance — Write of off obsolete stock – Allowable as business loss .[ S. 37(1) 145A]
CIT v. Gigabyte Technology (India) Ltd. (2020) 421 ITR 21 /195 DTR 334/ 273 Taxman 184 (Bom)(HC)
S. 28(i): Income from business – Income from house property – Exploitation of property commercially by way of complex commercial activities – Rental income is to be taxable as income from business – Not as Income from House Property. [S.22]
PCIT v. City Centre Mall Nashik Pvt. Ltd( 2020) 424 ITR 85 /121 taxmann.com 87 (Bom)(HC)
S.28(i): Business income- Client code modification-(CCM )- Shifting of profits- Addition as income on the basis of alleged doubtful transaction is held to be not valid – Deletion of addition b the Tribunal is affirmed. [S.69, 143(3)]
PCIT v. Pat Commodity Service Pvt. Ltd. (Bom.)(HC), www.itatonline.org
S. 14A: Disallowance of expenditure – Exempt income -Disallowance cannot exceed assessee’s exempt income. [R.8D]
Nirved Traders Pvt. Ltd. (2020) 421 ITR 142 (Bom) (HC)
S. 14A: Disallowance of expenditure – Exempt income – Disallowance cannot exceed exempt income earned — Tribunal restricting disallowance to extent offered by assessee is held to be proper. [R.8D]
CIT v. HSBC Invest Direct (India) Ltd. (2020) 421 ITR 125 (Bom) (HC)
S. 14A : Disallowance of expenditure – Exempt income – In the absence of any exempt income, disallowance is not permissible. [ R.8D]
PCIT v Dish TV India Ltd (Bom) (HC) (UR ).
S. 14A : Disallowance of expenditure – Exempt income – Rule 8D is not applicable to assessments prior to AY. 2008 -09 [R.8D]
PCIT v. Bank of India ( Bom) (HC) (UR)
S. 14A : Disallowance of expenditure – Exempt income – When there is no exempt income declared during the year no disallowance can be made .[ R.8D(2) (ii) ]
PCIT v .Morgan Stanley India Securities P Ltd (Bom)(HC)(UR)
S. 14A: Disallowance of expenditure – Exempt income – When there is no exempt income declared during the year no disallowance can be made. [R. 8D (2) (ii) ]
PCIT v Khoinoor Project Pvt Ltd ( 2020) 425 ITR 700 / (2021) 276 Taxman 180 (Bom) (HC)