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. 56 : Income from other sources – Sale of shares to non-resident – Valuation of shares- Share premium in excess of value of shares as determined under rule 11UA cannot be assessed as income of the assesseee. [ S.56(2) (viib) ,R.11UA ]

Clearview Healthcare (P.) Ltd. v. ITO (2020) 181 ITD 141/ 185 DTR 369 77 ITR 39 (S.N.)/ 203 TTJ 349 (Delhi) (Trib)

S.56: Income from other sources – Market value of shares -Share premium- Discount cash flow method (DCF ) –Valuation by merchant banker – Revenue authorities cannot evaluate accuracy of valuation at time of assessment-Addition was deleted .[ 56(2)(viib) , R.IIUA ]

Vodafone M-Pesa Ltd . v. DCIT (2020) 181 ITD 242 (Mum) (Trib.)

S.54F : Capital gains- Investment in a residential house -Two bungalows located adjacent to each other and used as one residential unit – Entitle to exemption [ S. 45 ]

Mohammadanif Sultanali Pradhan. v. DCIT (2020) 181 ITD 238 / 194 DTR 348 / 207 TTJ 1128 (Ahd) (Trib.)

S. 47(xiv) : Capital gains – Transaction not regarded as transfer – Sole proprietary concern succeeded by a company – Full value of consideration received on sale were same figure, no capital gains had accrued or were received- Capital gains cannot be levied- Provisions of section 56(2)(vii)(c) are not applicable when subject matter of transfer is immovable property. [ S.45 56(2)(vii) (c ) Rule 11U ]

Ravi Jalan. v. DCIT (2020) 181 ITD 284 / 193 DTR 175/ 207 TTJ 38(Kol) (Trib.)

S.45: Capital gains- Sale of shares – STT paid – Sale of shares through a registered share broker in a recognised stock exchange – Addition cannot be made as cash credits – Entitle to exemption [ S.10(38) 68 ]

Swati Luthra v. ITO (2019) 76 ITR 432 / (2020) 181 ITD 603 (Delhi) (Trib.)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits – Truck drivers and agents – After banking hours at a village there was no banking facilities – Disallowance is held to be not justified [ R.6DD ]

New Kalpana Ent Udyog v. ITO (2020) 181 ITD 507 (Agra) (Trib.)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Principal to Principal- Supply of cellular mobile phones, benefit extended to distributors could not be treated as commission liable for withholding tax under S, 194H or u/s 194J of the Act . [ S.194H, 194J ]

Nokia India (P.) Ltd. v. DCIT (2020) 181 ITD 645 /114 taxmann.com 442 (Delhi) (Trib.)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Interest other than interest on securities -Form 15G/15H- Procedural defects – Disallowance is held to be not justified .[ S.194A, Form No 15G/15H ]

JCIT v. Karnataka Vikas Grameena Bank. (2020) 181 ITD 672 / 79 ITR 207 (Bang) (Trib.)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Provision for expenses – Specific provision ascertained amount – Liable to deduct tax at source [ S.37(1) 145 ]

Inter Globe Aviation Ltd. v. ACIT (2020) 181 ITD 225/ 194 DTR 81/ 207 TTJ 191 (Delhi) (Trib.)

S.37(1): Business expenditure – Referral fees – Hospital, paid referral fee to doctors for referring their patients to assessee’s hospital- Regulations of Indian Medical Council was not applicable to pharmaceutical company or allied health sector industries- Entitled to deduction

Peerless Hospitex Hospital & Research Centre Ltd. v. DCIT (2020) 181 ITD 446/ 196 DTR 57/ 207 TTJ 300 (Kol) (Trib.)