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.80IB : Industrial Undertaking — Apportionment of expenses between eligible and non-eligible units — Held to be proper .

Reckitt Benckiser (I.) Pvt. Ltd. v Dy. CIT (2020) 81 ITR 577 (Kol) (Trib)

S. 72A : Carry forward and set off of accumulated loss and unabsorbed depreciation – Amalgamation – revised return after order form High Court – Entitled to set off and carry forward of accumulated losses and unabsorbed depreciation [ S.2(19AA) , 32(2) ,72A(4) , 139(3) ]

ACIT v. Padma Logistics and Khanij Pvt. Ltd. (2020) 81 ITR 61/ 183 ITD 891/208 TTJ 67 (Kol) (Trib)

S. 69B : Amounts of investments not fully disclosed in books of account – Survey -Hotel business- Telescoping- Entitle to Depreciation on eligible on hotel building- Matter remanded . [ S.133A ]

Tarlok Kumar v. ACIT (2020) 81 ITR 462 ( Amritsar ) (Trib)

S. 69B : Amounts of investments not fully disclosed in books of account –Valuation of buildings — Difference between value estimated by valuation Officer and that stated by assessee Being Less than 15 Per Cent. — No addition could be made. [ S.132 ]

Shri Ram Murti Smarak Trust v. ACIT (2020)81 ITR 194 ( Luck ) (Trib) Dev Murti v . ACIT (2020)81 ITR 194 ( Luck ) (Trib)

S. 69A : Unexplained money – Cash balances – Seized material – Matter remanded [ S. 132(4A) 153A ]

Shri Ram Murti Smarak Trust v. ACIT (2020)81 ITR 194 ( Luck ) (Trib) Dev Murti v . ACIT (2020)81 ITR 194 ( Luck ) (Trib)

S.68 : Cash credits – Income from undisclosed sources — Ex parte Assessment — Loan —Creditor showing very low income not a determinative factor for determining creditworthiness of creditor — Addition held to be not justified .[ S.144 ]|

Rohit Kumar Jindal (HUF ) v. ITO (2020) 81 ITR 469/ 208 TTJ 764 (Chd)(Trib)

S.43B: Deductions on actual payment – Prior period expenses — Depositing Employees’ State Insurance payment for earlier year and for relevant assessment Year —Allowable in year in which actually paid [ S.37(1) ]

Arvind Metals and Minerals P. Ltd. v ACIT (2020) 81 ITR 648 (Kol) (Trib)

S. 40(a)(ii) : Amounts not deductible – Rates or tax – Education cess is allowable as deduction .

Reckitt Benckiser (I.) Pvt. Ltd. v Dy. CIT (2020) 81 ITR 577 (Kol) (Trib)

S.37(1): Business expenditure — Rent expenses —Allowable as revenue expenditure .

ACIT v. Padma Logistics and Khanij Pvt. Ltd. (2020) 81 ITR 61 /183 ITD 891/ 208 TTJ 67 (Kol) (Trib)

S.28(i):Business loss -Speculative business – Loss on forward booking of foreign exchange — Transaction not speculative in nature -Allowable as business loss [ S.43(5)(a) ]

Arvind Metals and Minerals P. Ltd. v ACIT (2020) 81 ITR 648 (Kol) (Trib)