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. 28(i) : Business loss-loss on account of shifting in securities–Fall in the value of investments allowable as a deduction irrespective of change in classification of investments to comply with RBI guidelines. [S. 37(1)]

City Union Bank Ltd. v. ACIT (2019) 74 ITR 644 (Chennai)(Trib.)

S. 28(i) : Business loss-Purchase and sale of securities – loss arising from sale of securities–Allowable as business loss.

Dy. CIT v. Sahara Care Ltd. (2019) 74 ITR 117 (Delhi)(Trib.)

S. 28(i) : Business loss-Advance to subsidiary-Subsidiary has gone to liquidation-Loss is allowable as business loss. [S. 2(13), 37(1)]

Dy. CIT v. Pioneer Investcorp Ltd. (2019) 72 ITR 376 (Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Not recording of satisfaction-No disallowance can be made. [R. 8D (2)(ii)]

Dy. CIT v. Impulse International P. Ltd. (2019) 71 ITR 28 (SN) (Delhi)(Trib. )

S. 14A : Disallowance of expenditure-Exempt income-No exempt income earned during the year-No disallowance can be made. [R. 8D]

Dy. CIT v. Jammu Metalic Oxides Pvt. Ltd. (2019) 72 ITR 449 (Jaipur)(Trib. )

S. 14A : Disallowance of expenditure-Exempt income-No disallowance can be made in absence of dividend income. [S.57(iii), R. 8D]

Dy. CIT v. Kotu Sarat Kumar (2019) 71 ITR 147 (Vishakha) (Trib. )

S. 14A : Disallowance of expenditure-Exempt income–For the calculation of average investments only those investments from which exempt income is derived. Assessee did not derive any exempt income matter remitted back to AO. [R. 8D]

Cox & Kings Ltd. v. Addl. CIT (2019) 55 CCH 75/ 69 ITR 45 (SN) (Mum.) (Trib.)

S. 14A : Disallowance of expenditure-Exempt income – Without recording satisfaction – No disallowances can be made. [R. 8D ]

Dy. CIT v. Sahara Care Ltd. (2019) 74 ITR 117 (Delhi)(Trib. )

S. 12AA : Procedure for registration–Trust or institution-Organizing coaching for players, conducting matches at district and State level and organizing camps for players to develop their skill for national and international tournament–Held not to provide any service in nature of trade, commerce or industry-Eligible for registration. [S.2(15)]

Chhattisgarh State Cricket Sangh v. Dy. CIT (E) (2019) 178 DTR 369 / 200 TTJ 242 ( Raipur) (Trib)

S. 12AA : Procedure for registration–Trust or institution-Surplus generated – Registration cannot be denied. [S.2(15)]

Sanatam Dharam Educational Charitable Society v. CIT (2019) 178 ITD 242 (Asr.)(Trib.)