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–Method of accounting-Ad-hoc disallowances of general expenses without rejecting the books of account- No disallowances can be made.[S. 145]

Indian Coating and Laminating Corporation v. DCIT (2019) 76 ITR 320 (Luck.)(Trib.)

S. 37(1) : Business expenditure–Commission to the HUF from whom unsecured loan was borrowed–Commission paid to HUF is an allowable expenditure.

Metalloyods v. ITO (2019) 76 ITR 100 (Cuttack )(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Interest-free loans to sister concerns-Interest-free funds available with assessee more than advance paid to its sister concerns-AO to decide in accordance with supreme court decision.

Rajinder Kumar Gupta v. DCIT (2019) 76 ITR 324 (Amritsar)(Trib.)

S. 32 : Depreciation-Unabsorbed depreciation-Set-off-Assessee admitting income from business and profession-Entitled to set off brought forward loss against such income. [S. 32(2)]

S. Sathyaraj v. ITO (2019) 76 ITR 387 (Chennai)(Trib.)

S. 28(i) : Business loss-Genuineness of transaction-Amount paid by National housing bank (NHB) to assessee bank-but credited by assessee to the account of one Shri Harshad Mehta (HM)-subsequently such transaction got burnt in the fire of securities scam-Repayment of such amount to NHB-not allowed as business loss. [S. 44C]

Standard Chartered Grindlays PTY Ltd. v. DDIT(IT) (2019) 183 DTR 105 / 201 TTJ 754 (Delhi)(Trib.)

S. 28(i) : Business loss-Claim To Loss of stocks stored in agents’ godowns on account of insect infestation-Assessee giving specific details of purchase of wheat, copies of bills, vouchers-AO ought To have issued summons to entities from whom wheat purchased-claim not to be rejected on surmises, suspicion and conjecture-Stock loss in trading of wheat allowable.

Anju Sharma v. ITO (2019)76 ITR 350 (Chd.)(Trib.)

S. 17(2) : Perquisite-Fringe Benefits-Supply of electricity to employees at concessional rates-concession to be treated as Fringe Benefit. [S. 2(33B), 15, 192]

Madhya Pradesh Madhya Kshetra Vidyut Viteran Company Ltd. v. DCIT (2019) 76 ITR 86 / 184 DTR 380 / 202 TTJ 359 (Indore)(Trib.)

S. 10A : Free Trade Zone–Loss in-unit situated outside the Software Technology Park (STPI) not adjusted against units within the STPI-Income enhanced–Deduction is allowable on enganced income-Expenses excluded from export turnover– Consequential exclusion from total turnover.

McMl Systems Pvt. Ltd. v. ACIT (2019) 75 ITR 656 (Bang.) (Trib.)

S. 10(26AAB) : Income of an agricultural produce market committee-Agricultural produce to be given a wider meaning.

ITO v. Fish Poultry & Egg Marketing Committee (2019) 179 DTR 137 / 109 taxmann.com 17 (Delhi)(Trib.)

S. 10(26) : Exemption to member of a Scheduled Tribe-Allowability-Individual vis-a-vis partnership firm-Since partnership firm is not a member of a scheduled tribe-Such firm not entitled to exemption under S. 10(26)-but its partners are eligible for the same. [Art. 366, General Clauses Act, 1897, S. 13]

Hotel Centre Point v. ITO (2019) 182 DTR 297 / 201 TTJ 913 (Gau.)(Trib.)