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. 92C : Transfer pricing–Inter group services-Payments in accordance with the written agreements-Adjustment is held to be not justified. [S. 92CA]

Avery Dennison (India) Pvt. Ltd. v. ACIT (2018) 68 ITR 486 (Delhi)(Trib.)

S. 80P : Co-Operative society—Investments in other co-operative societies – AO is directed to grant exemption if institutions where the assessee has made investments is found to be co-operative society. [S. 80P(2)(d)]

Banas Bank Staff Credit Co-Op. Society Ltd. v. ACIT (2018) 64 ITR 68 (Ahd.)(Trib.)

S. 68 : Cash credits—Deposit in bank account-Not maintaining books of account–Presumptive taxation–Return was accepted-Addition as cash credit is held to be not valid. [S. 44AF]

Babbal Bhatia (Smt.) v. ITO (2018) 65 ITR 532 (Delhi) (Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation Property not freehold property but occupied by tenants and court cases to get premises vacated pending—Kanpur Development Authority issuing letters to assessee proposing to take over certain portion of his property in connection with road widening— Addition on account of difference in stamp duty and sale deed is not justified. [S. 45]

Atul Kumar Garg, HUF v. ITO (2018) 64 ITR 72 (SN) (Luck)(Trib.) Pawn Kumar Garg HUF v. ITO (2018) 64 ITR 72 (SN) (Luck)(Trib.) Rakesh Kumar Garg HUF v. ITO (2018) 64 ITR 72 (SN) (Luck)(Trib.)

S. 43B : Deductions on actual payment – Provision for leave encashment- Not allowable unless the amount is actually paid.

Delhi Tourism & Transport Development Corp. Ltd. v. Dy. CIT (2018) 194 TTJ 305 / 170 DTR 129(Delhi)(Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Amount not claimed as expenditure-No disallowance can be made-Exemption certificate for non deduction of tax at source- Once certificate has been issued no disallowances can be made- If income is not chargeable to tax in India-No disallowance can be made- Once it is held that income is not chargeable to tax in India, no disallowance can be made. [S. 195, 197]

Delhi Tourism & Transport Development Corp. Ltd. v. Dy. CIT (2018) 194 TTJ 305 / 170 DTR 129(Delhi)(Trib.)

S. 37(1) : Business expenditure — Provision for non-moving inventory — consistent treatment from year to year in return, allowable for deduction. [S. 145 ]

Dy.CIT v. BCH Electric Ltd. (2018) 63 ITR 58 (SN) (Kol.)(Trib.)

S. 37(1) : Business expenditure—Provision for warranty expenses — provision made based on transactions carried out in preceding three years on scientific basis and method consistently followed in past such expenditure is allowable. [S. 145]

Dy. CIT v. BCH Electric Ltd. (2018) 63 ITR 58 (SN) (Kol.)(Trib.)

S. 37(1) : Business expenditure-Capitalised in the books of account as work in progress-Revised return claiming as allowable revenue expenditure -Held to be allowable. [S. 145]

Dy. CIT v. BCH Electric Ltd. (2018) 63 ITR 58 (SN) (Kol.)(Trib.)

S. 37(1) : Business expenditure –Brand building – Advertisement expenses- Held to be revenue expenditure.

ACIT v. Jansons Industries Ltd. (2018) 194 TTJ 19 (UO) (Chennai)(Trib.)