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.45:Capital gains- Business income — Non-Banking financial Institution — Conversion of shares and securities held as stock-in-trade into investment — Sale of shares — Income cannot be assessed as business income [ S. 4, 28(i)]

Kemfin Services Pvt. Ltd. v .ACIT (2020)425 ITR 684/ 315 CTR 336/ 272 Taxman 372/191 DTR 225 (Karn)(HC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability -State Government scheme for deferment of sales tax and Treating amount as loan for specified period — Surplus on account of prepayment of loan —Amount not assessable as income [ S.4, 28(i) ]

PCIT v. Mangalore Refinery and Petrochemicals Ltd. (2020)426 ITR 266/ 272 Taxman 441/191 DTR 47 / 316 CTR 842(Bom)(HC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability -Waiver of loan — Neither the component of interest embedded therein nor the amount claimed as deduction earlier —Not assessable as business income

PCIT v. Gujarat State Financial Corporation (2020) 426 ITR 47 / ( 2021 ) 277 Taxman 99 (Guj)(HC).Editorial : SLP of revenue dismissed , PCIT v. Gujarat State Financial Corporation ( 2021 ) 280 Taxman 234 / 126 Taxmann.com 154 (SC)

S. 40(a)(ia): Amounts not deductible – Deduction at source –
Failure to pay tax deducted at source- Amendment by Finance Act, 2010 allowing deduction of payment where tax deducted in subsequent year, or during previous year but paid after due date for filing return — Amendment retrospective- Disallowance is held to be not valid [ S.139(1) ]

A. Y. Garments International Private Ltd. v. Dy. CIT (2020) 426 ITR 495 /273 taxman 162 (Karn)(HC)

S.37(1): Business expenditure — Expenditure on higher education of managing director of subsidiary company — Person becoming director after completion of higher Education —Not deductible.

Kerala Kaumudi Pvt. Ltd. v. CIT (2020) 425 ITR 202 (Ker)(HC)

S.37(1):Business expenditure — Capital or revenue – Interest paid for delay in allotment of shares for increasing share capital — Not allowable as revenue expenditure .

CIT v . GMR Industries Ltd. (2020) 425 ITR 504/ 194 DTR 52 (Karn) (HC)

S.37(1):Business expenditure — Capital or revenue – Interest paid for delay in allotment of shares for increasing share capital — Not allowable as revenue expenditure .

CIT v . GMR Industries Ltd. (2020) 425 ITR 504 /194 DTR 52(Karn) (HC)

S. 36(1)(vii) :Bad debt – — Assessee only to establish that debt written off in accounts — Not necessary to establish that debt in fact had become irrecoverable — Law after 1-4-1989-Winding up — Diminution in value of investment made by assessee in company in liquidation —Capital loss – Matter remanded to the Assessing Officer . [ S.46(2) ]

CIT (LTU) v. ABB Ltd . (2020) 425 ITR 677/ 274 Taxman 314 (Karn)( HC)

S. 36(1)(vii) :Bad debt -Law after 1-4-1989 — Not necessary to establish or prove that debt has become irrecoverable — Recording of debt as bad debt in books of account is sufficient. [ S.28(i)]

PCIT v. Hybrid Financial Services Ltd. (2020) 426 ITR 358 /(2021) 276 Taxman 73 (Bom)(HC)

S. 36(1)(iii) :Interest on borrowed capital – Real estate business- Amount borrowed to purchase shares to expand business- Controlling interest – Interest allowable as deduction [ S. 37(1) , 57(iii) ]

B. Nanji and Co. v. Dy. CIT (2020)425 ITR 286 / 194 DTR 390/ 317 CTR 203(Guj)(HC)