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. 40(a)(ia): Amounts not deductible – Deduction at source – Failure to deduct tax on interest paid on loan- Recipient had declared the interest in the return- The assessee is directed to substantiate that recipient has shown the interest in his return. [ S.194A, 201(IA) ]

Barnala Steel Industries Ltd. v JCIT (2020) 78 ITR 29(SN) (Delhi) (Trib)

S.37(1): Business expenditure — Defective goods – Addition based on presumptions and suspicions- Held to be not justified – Appeal – Commissioner (Appeals) -Power of enhancement- Enhancement of assessment had to be considered in the context of each issue raised in the appeal before the Commissioner (Appeals). [ S.251(2) ]

Shankar Gupta v. ITO (2020) 78 ITR 76 (SN) (Jaipur) (Trib)

S.37(1): Business expenditure — Real estate development — Selling and administrative costs — Selling expenses – Revenue expenses after setting up of business is held to be allowable although revenue was not yet earned —Accounting Standard 7 .

Pragnya Crest Properties Pvt. Ltd. v. Dy. CIT (2020) 78 ITR 43 (SN)(Bang) (Trib)

S. 37(1) : Business expenditure -Payment to contractors benevolent Fund —Allowable subject to verification -Penalty- Delayed contract – Assessing Officer is directed to verify nature of default . 37(1) Explanation ]

Pampamaheshwar Ravindranath v. ACIT (2020) 78 ITR 68 (SN) ( Bang) (Trib)

S.37(1): Business expenditure — Labour charges — Road construction business -Some labour contractors not having complete knowledge of contract and looked after by their husbands — Disallowance is not justified .

Dwarkesh Infrastructure P. Ltd. Dy. CIT (2020) 78 ITR 33 (SN) ( Ahd) (Trib)

S. 37(1) : Business expenditure – Salaries to employees- Allowable as deduction – Explanation I is not applicable .

AddCIT v. National Research Development Corporation (2020) 78 ITR 56 (SN) ( Delhi) (Trib)

S.37(1) : Business expenditure -Capital or revenue – Leasehold premises — Nature of expenditure to be examined before applying provision relating to ownership of asset [ S.32(1), Expln. 1. ]

Century Link Technologies India Pvt. Ltd. v Dy. CIT (2020) 78 ITR 71 (SN) ( Bang) (Trib)

S.32: Depreciation — Cost of construction of office block — High Court admitting the appeal of earlier year- Not entitle to depreciation following earlier year .[ S.254(1), 260A ]

Avm Productions v .ACIT (2020) 78 ITR 42 (SN) ( Chennai) (Trib)

S.28(i): Business income – Interest income –Fixed deposit – Rule of consistency – Directed to be assessed as business income .[ S.56 ]

Trans Freight Containers Ltd. v. Dy. CIT (2020) 78 ITR 5 (SN) (Mum) (Trib)

S. 28(i) : Business income – Remission or cessation of trading liability -Introduction of Gold Bars in to business – Nether assessable as business income or cessation of liability [ S.41(1) ]

Deepak Garg v. ITO (2020) 78 ITR 40 (SN) (Delhi ) (Trib)