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–Capital or revenue-Non-compete fee-Agreement was only for 18 months-Allowable as revenue expenditure.

CIT v. Computer Age Management Services (P.) Ltd. (2019) 267 taxman 146 (Mad.) (HC)

S. 32 : Depreciation-leased assets–Entitle to depreciation–Less had admitted that the transaction were merely paper transaction – Question of fact. [S. 260A]

PCIT v. Ushdev International Ltd. (2019) 110 taxmann.com 22 / 266 Taxman 372 (Bom.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Ushdev International Ltd. (2019) 266 Taxman 371 (SC)/ (2019) 416 ITR 128 (St.)(SC) .

S. 32 : Depreciation–Residential flats–Accommodation of employees-Entitle for higher rate of depreciation.

CIT v. Ashok Leyland Ltd. (2019) 266 Taxman 406 /(2020) 190 DTR 158(Mad.)(HC)

S. 32 : Depreciation-Higher rate of depreciation-Motor vehicles-Buses were being run on hire-Entitle for higher rate of depreciation.

PCIT v. Taj Travels (P.) Ltd. (2019) 267 taxman 124 (P & H) (HC)

S. 32 : Depreciation-Stock in trade-Investment-Bank-Valuation of investment portfolio–Depreciation is allowable in respect of investment held as stock in trade. [S. 28(i), 145]

CIT v. Corporation Bank (2019) 110 taxmann.com 335/267 Taxman 113 (Karn.)(HC) Editorial: SLP of revenue is dismissed; CIT v. Corporation Bank (2019) 267 taxman 112 (SC)

S. 32 : Depreciation–Software licence application-Eligible depreciation at 60 %-Computer-Interpretation-Entry to be interpreted is in a taxing statute-Full effect should be given to all words used therein-It is impermissible to ignore the description, and denote the article under another entry by a process of reasoning.

CIT v. Computer Age Management Services (P.) Ltd. (2019) 267 taxman 146 (Mad.)(HC)

S. 32 : Depreciation-Valuation of investment portfolio-Stock-in-trade-Depreciation is held to be allowable. [S. 145]

CIT v. Karnataka Bank Ltd. (2019) 110 taxmann.com 128 / 266 Taxman 464 (Karn.)(HC) Editorial: SLP of revenue is allowed; CIT v. Karnataka Bank Ltd. (2019) 266 Taxman 463 (SC)

S. 22 : Income from house property-Income from other sources-Business income-Firm obtaining flats on lease-Flats sub-leased with furniture and fittings-Income from sub-lease assessable as income from house property and income from other sources-Res judicata is not applicable to income-Tax proceedings. [S. 2(13), 28(i), 56]

Meeraj Estate And Developers. v. CIT (2019) 418 ITR 681/( 2020) 269 Taxman 134 / 188 DTR 304/ 317 CTR 801 (All) (HC)

S. 12AA : Procedure for registration–Trust or institution-Prior to 1-4-1997 mere application for registration is sufficient for claim for exemption-S. 12AA, w.e.f. 14-1977 is not retrospective provision. [S. 11, 12A]

CIT v. Poorna Prajana Vidya Peetha Prathisthana. (2019) 418 ITR 320 /(2020) 188 DTR 279(Karn.)(HC)

S. 12A : Registration–Trust or institution-71% of the receipt were spent in accordance with the object of the Trust-Partial expenditure were spent on religious-Trust is held to be genuine–Entitle for registration–Benefit of S.11 is not available only to the extent of partial expenditure which were spent on religious. [S. 11]

CIT v. Manekji Mota Charitable Trust. (2019) 267 Taxman 16 (Bom.)(HC) Editorial : SLP of revenue is dismissed , CIT v. Manekji Mota Charitable Trust ( 2020) 274 Taxman 378 (SC)