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. 37(1) : Business expenditure-Foreign travel expenses-promotion of business-legal and professional fees-Expenditure for replacement of part of machine-Held to be allowable as business expenditure.
Elgi Equipments Ltd. v. JCIT (2021) 276 Taxman 141 (Mad.)(HC)
S. 37(1) : Business expenditure-Miscellaneous expenses-Adhoc disallowance-Not substantiated by producing evidence-Ad hoc disallowance is held to be justified.
Tata Coffee Ltd. v. Dy. CIT (2021) 276 Taxman 215 / 198 DTR 380 (Karn.)(HC)
S. 32 : Depreciation-Assets leased to three companies-Search- Assets were not found-Transaction genuine or not is a question of fact-Order of Tribunal allowing the depreciation is affirmed. [S. 132]
CIT LTU v. Canara Bank (2021) 431 ITR 303 / 276 Taxman 392 (Karn.) HC)
S. 14A : Disallowance of expenditure-Exempt income-Disallowance is held to be justified even though the assessee has not earned any exempt income. [R. 8D]
CIT v. Kingfisher Finvest India Ltd. (2021) 434 ITR 150/276 Taxman 128 / 202 DTR 361/ 321 CTR 448(Karn.)(HC)
S. 10(23C) : Educational institution-Educational college for intermediate, degree and post-graduation courses for women-Erroneous reading of assessment year by prescribed authority in form 56D – Rejection application was set aside . [S. 10(23C)(vi), Art. 226]
Rajamahendri Educational Society v. UOI (2021) 431 ITR 217 / 276 Taxman 18 / 204 DTR 90/ 321 CTR 616(AP)(HC)
S. 5 : Scope of total income-Wheeling charges-Uncertainty of receiving-Method of accounting-Not assessable as income for the relevant year. [S.4, 145]
CIT v. Karnataka Power Transmission Corporation Ltd. (2021) 276 Taxman 439 (Karn.)(HC)
S. 2(22)(e) : Dividend-Deemed dividend-Loan-Not share holder of the Company-Not assessable as deemed dividend.
CIT v. Checkpoint Apparel Labelling Solutions (India) Ltd. (2021) 276 Taxman 312 (Mad.)(HC)
S. 2(14)(iii) : Capital asset-Agricultural land- land was situated 40 k.m. away from municipality – Agricultural activities were carried out in land, there were standing banana crops as well as coconut trees, etc.-Approval from Joint Director, Directorate of Town and Country Planning [‘DTCP’] for conversion of land for non-agricultural purpose prior to execution of sale deed-Not liable to capital gain tax. [S. 45]
CIT v. P. Mahalakshmi (2021) 276 Taxman 224 (Mad.)(HC)
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Stamp valuation – Date of agreement – Date of registration- Possible view – Revision is held to be not valid [ S.43CA ]
Ranjana Construction Pvt Ltd v. PCIT ( 2021) BCAJ-March -P. 39 )( Bang) (Trib)