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
Click here to download the pdf versions of the Digest of case laws

S.48 :Capital gains — Cost of acquisition — Valuation of land and building —Property let out -Valuation should be on basis of rent capitalisation method [ S.45 ]

R. Rosalin Vasanthi ( Smt.) v. ITO (2020) 80 ITR 525 (Chennai) (Trib)

S.45: Capital gains – Sale of shares – Penny stock – Assessment in search cases — Unexplained Income — Purchase of shares and sale transactions through Online Mode – Merely on presumption addition cannot be made – The presumption needs to be corroborated by some evidence to establish the same. [ S.10(34) , 68 , 69 132(4) 132(4A) ]

Dipesh Ramesh Vardhan v. Dy CIT ( 2020) 81 ITR 91 (SN) 195 DTR 161/ 208 TTJ 318 ( Mum) (Trib)

S. 44D : Foreign companies –Non-Resident — Fees For Technical Services — Technical experts on deputation to India — Not entitled to deduction- Ruling given by Authority not binding either on department or Tribunal – Fees for included services taxable — Not entitled to deduction [ S.10B ]

General Motors Overseas Corporation v. ACIT (IT) (2020) 80 ITR 478 (Mum) (Trib)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Payment to group companies- Reimbursement of expenses – Not liable to deduct tax at source .[ S. 195 ]

ACIT v. APCO Worldwide (India ) Pvt Ltd ( 2020) BCAJ-October – P. 38 ( Delhi) (Trib)

S.37(1) : Business expenditure —Corporate social responsibility expenses —Matter remanded [ S.80G ]

First American (India) Pvt. Ltd. v. ACIT (2020) 80 ITR 538 ( Bang) (Trib)

S.32: Depreciation — Animation software ,stored in computer for use in films -Entitle to depreciation at 25% and not 60% .

Pentamedia Graphics Ltd. v. Dy. CIT (2020) 80 ITR 555 / 18 5 ITD 145/ 205 TTJ 892 (Chennai) (Trib)

S. 32 : Depreciation – Golf course – Plant – Entitle to depreciation .

Landbase India Ltd. v. ACIT (2020) 80 ITR 580 / 185 ITD 40/ 116 taxmann.co 574 ( Delhi) (Trib)

S.32 : Depreciation — Transfer —Written down value of block of assets should be reduced by sum received not stamp value — Excess depreciation not allowable.[ S. 2(11) 43(6)(c )(i)(b) ,45, 50C ]

Dy. CIT v. Futurz Next Services P. Ltd. (2020) 80 ITR 58( Delhi ) (Trib)

S.28(i): Business loss —Cancellation of purchase orders — Business transactions it is not necessary that all the transactions should be proved by documentary evidence- Loss deductible .

Ramesh Kumar Agarwal v .ITO (2020) 80 ITR 436 ( Delhi) (Trib)

S. 14A : Disallowance of expenditure – Exempt income -Foreign investments- Dividend suffered taxation in India – No disallowance can be made – Investments in Indian companies not yielding exempt Income —Has to be excluded . [ R.8D(iii) ]

Pentamedia Graphics Ltd. v. Dy. CIT (2020) 80 ITR 555 / 185 ITD 145/ 205 TTJ 892 (Chennai) (Trib)