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. 271C : Penalty – Failure to deduct at source – Leave travel allowance – Bona fide belief – levy of penalty is held to be not justified .[ S.192, 201(1), 201(1) (A) ]

Syndicate Bank. v. ACIT (2019) 179 ITD 178 / (2020) 190 DTR 354/ 204 TTJ 118 (Bang) (Trib.)

S. 194H : Deduction at source – Commission or brokerage – SIM distributors – Not liable to deduct tax at source – Roaming charges – Process of roaming does not require human intervention and cannot be considered as a technical service- Not liable to deduct tax at source .[ S. 194J ]

Vodafone Idea Ltd. v. ACIT (2019) 179 ITD 207 (Chd) ( Trib.)

S. 56 : Income from other sources – Valuation of unquoted equity shares on 31-3-2014- If balance sheet was not drawn up by auditor on 31-3-2014, assets and liabilities in balance sheet of immediately preceding year, i.e., 31-3-2013 should be adopted. [S.56(2)(viib) , R.11UA ]

Sadhvi Securities (P.) Ltd. v. ACIT (2019) 179 ITD 197/ (2020) 185 DTR 374 (Delhi) (Trib.)

S. 54B : Capital gains – Land used for agricultural purposes – Agricultural land was converted into residential plots and not used for agricultural purpose- Deduction is not entitle .[ S.45 ]

Sheetal Kataria v. PCIT (2019) 179 ITD 171 (Jaipur) (Trib)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Trade payables outstanding for more than three years in the books – Addition cannot be made as remission or cessation of trading liability . [ S.68 ]

DCIT v. Sri Radhakrishna Shipping Ltd. (2019) 179 ITD 139 (Mum) (Trib.)

S.37(1): Business expenditure -Interest paid on delayed payment of service tax is compensatory in nature – allowable as deduction . Finance Act , 1994 , S 75 , 76 ]

DCIT v. Sri Radhakrishna Shipping Ltd. (2019) 179 ITD 139 (Mum) (Trib.)

S. 32 : Depreciation – Block of asset- Written down value of asset is reduced to zero or block of asset is empty or it ceases to exist on last date of previous year- Depreciation is not allowable . [ S. 2(11) , 41(1) 50 ]

Aramark India (P.) Ltd. v. DCIT (2019) 179 ITD 133 /( 2020) 191 DTR 419/ 206 TTJ 379(Mum) (Trib.)

S. 12AA : Procedure for registration –Trust or institution- Education – Skill enhancement – Entitle to exemption – Rejection of application is held to be not valid .[ S.2(15) ]

Unique Educational Society. v. CIT (2019) 179 ITD 147 (Chad) (Trib.)

S. 271AAB:Peanlty -Search initiated on or after Ist day of July 2012- Amount surrendered – No reasonable opportunity was given – Matter remanded to the AO [ S. 132, 274 ]

Genex Industries Ltd. v. DCIT (2019) 179 ITD 16 (Chd) (Trib.)

S. 251 : Appeal – Commissioner (Appeals) – Powers – New claim- Not raised in the return – CIT (A) can entertain any new claim for deduction even the said claim was not raised in return of income originally filed or by way of filing revised return. [ S.35(1)(iv) , 139 ]

ACIT v. Eastern Silk Industries Ltd. (2019) 179 ITD 22/ 184 DTR 406 (Kol) (Trib.)