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.40(a)(ia):Amounts not deductible – Deduction at source – A co-operative society formed for the welfare of the employee of the life insurance corporation and all members of assessee is not liable to deduct tax at source- Decision of jurisdictional High Court is binding on the AO [ S. 194A ]

LIC Employees Co-operative Bank Ltd. v. ACIT (2018) 254 Taxman 119 (Mad.)(HC)

S. 37(1) : Business expenditure – Expenses incurred prior to setting up of business is held to be not allowable as business loss [ S.28(i) ]

ALD Automotive (P.) Ltd. v. Dy. CIT (2018) 254 Taxman 233 (Bom.)(HC)

S. 37(1) : Business expenditure –Commission paid to related directors of the assessee company is held to be allowable as business expenditure.

CIT v. Hind Nihon Proteins (P.) Ltd. (2018) 404 ITR 193 /254 Taxman 210 (Delhi)(HC)

S. 37(1) : Business expenditure -Lease rent paid for shed taken on lease was held to be allowable as business expenditure considering the business expediency .

PCIT v. SRBS Entertainment (2018) 254 Taxman 193 (P&H)(HC)

S. 32 : Depreciation – Hospital equipments – Since assessee could neither sell said hospital equipments as scrap nor it could use them and same were also written off in its books of account, written down value of hospital equipments was to be allowed as depreciation [ S.32(1)(iii) ]

CIT (E) v. Bhatia General Hospital (2018) 405 ITR 24 / 254 Taxman 285 (Bom.)(HC)

S. 28(i) : Business income – Capital gains- Buying and selling of shares frequently and volume and magnitude being very high assessable as business income and not as capital gains [ S.45 ]

Rakesh Kumar Gupta v. CIT (2018) 254 Taxman 394 (Delhi)(HC)

S. 28(i) : Business loss -Advance written off- Matter was remanded back to Assessing Officer for deciding as to whether there was actual irrecoverability of advances which assessee chose to write off in its account and claimed write off amount as business loss

PCIT v. Linde India Ltd. (2018) 254 Taxman 204/ 302 CTR 262 (Cal.)(HC)

S. 12AA : Procedure for registration –Trust or institution- Society engaged in preparing and supplying mid-day-meals to students at primary schools in various villages, against a contract awarded by State Government is a charitable purpose and entitle to registration .[ S.2(15 ]

CIT v. Shri Balaji Samaj Vikas Samiti (2018) 254 Taxman 93/ 302 CTR 397 (All.)(HC)

S. 11 : Property held for charitable purposes – Surplus earned from organizing exhibition- As separate books of account is not maintained denial of exemption was held to be justified .[ S.11(4A) ]

Indian Machine Tools & Manufacturers Association v. DIT(E) (2018) 254 Taxman 243/ 165 DTR 1 / 302 CTR 289 (Bom.)(HC)

S. 10(46) Authority: Greater Noida Industrial Development Authority which is engaged in undertaking works relating to housing schemes and land development schemes including acquisition, distribution, sale and letting of properties is entitle to exemption .

Greater Noida Industrial Development Authority v. UOI (2018) 406 ITR 418/ 254 Taxman 289/ 303 CTR 512/ 167 DTR 153 (Delhi)(HC)