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. 68 : Cash credits – Difference between form no 26AS and tax credit statement – Assessing Officer is directed to examine reconciliation statement .

Avaya India Pvt. Ltd. v Add. CIT (2020)78 ITR 305 ( Delhi) (Trib)

S. 54 : Capital gains – Profit on sale of property used for residence -Depositing entire sale proceeds in savings bank account- construction of house – Not depositing the amount in specified bank account – Technical breach —Entitled to exemption [ S.45, 54(2),54F ]

ACIT v .Justice T. S. Arunachalam (2020)78 ITR 290 ( Chennai ) (Trib)

S.45: Capital gains — Long-term capital gains —Land held for more than thirty-six months —Treatment given in books of account immaterial —Converting Stock-in-trade into capital asset-Gains assessable as long-term capital gains and not business income — Entitled to set off gains against brought forward long-term capital loss —Entitled to indexation [ S.2(42A), 74 ]

Rameshchandra Chhabildas Tamakuwala v. JCIT (2020)78 ITR 148 (Surat) (Trib)

S.43B: Deductions on actual payment – Service tax – Amount neither paid nor added in computation of income.

Rajesh Passi v .ITO (2020)78 ITR 221 ( Delhi ) (Trib)

S. 43(5) : Speculative transaction – Transactions in Derivatives in Futures and Options segments of National Stock Exchange — Marked to Market Loss — Not to be assessed speculative loss .

Darashaw and Co. Pvt. Ltd. v. Dy. CIT (2020)78 ITR 553 ( Mum) (Trib)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Car lease rentals – Directed to furnish evidence that whether the payee had shown receipts as their income . [ S.37(1) ]

Avaya India Pvt. Ltd. v .Add. CIT (2020)78 ITR 305 ( Delhi) (Trib)

S. 40(a)(ia): Amounts not deductible – Deduction at source – Short deduction of tax at source – No disallowance can be made .[ S.194C ]

A. K. Industries v .ACIT (2020)78 ITR 462 (Kol) (Trib)

S. 37(1): Business expenditure – Revised return — Claim of assessee acceptable with regard to expenditure involved as allowable expenditure — Disallowance is held to be not valid . [ S.139(1) ]

Torrence Capital Advisors Pvt. Ltd. v. Dy. CIT (2020)78 ITR 96 ( Delhi ) (Trib)

S.37(1): Business expenditure — Contribution to State Cricket Association to create cricket academy —Getting first right to recruit players from academy to play for assessee — Allowable as business expenditure .

Royal Challengers Sports Pvt. Ltd. v Dy. CIT (2020)78 ITR 577 (Bang) (Trib)

S.37(1): Business expenditure — Local area expenses and pooja expenses in temples outside factory — Onus on assessee to prove nexus with business – Provision for profit incentive payable to employees -Matter remanded to the Assessing Officer .

Lakshmi Machine Works Ltd. v. Add. CIT (2020)78 ITR 398 (Chennai ) (Trib)