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.37(1):Business expenditure- Travelling expenditure -Fringe benefit tax on travelling expenses incurred by it during year, travelling expenses could not be disallowed on account of personal expenditure. [ S.115JB ]

Second Leasing (P.) Ltd. v. ACIT (2018) 171 ITD 508 / 171 DTR 97/196 TTJ 117 (Delhi) (Trib.)

S. 36(1)(iii) :Interest on borrowed capital –Captive power plant for expansion of existing business- Allowable as deduction irrespective of fact whether such power plant had commenced production or not in year under consideration

DCIT v. Core Health Care Ltd. (2018) 171 ITD 455 (Ahd) (Trib.)

S. 36(1)(ii):Bonus or commission- Restriction of allowance would apply only to an employee who is also share in company -Payment made to agent who was an MD of company in earlier years and in the relevant year he was not an employee -Disallowance cannot be made .

Nat Steel Equipment (P.) Ltd. v. DCIT (2018) 171 ITD 482/ 171 DTR 49 /195 TTJ 796 (Mum) (Trib.)

S.28(i): Business income- Capital gains-Conversion in to stock in trade-Development agreement-Project completion method-Advance received equivalent to share cannot be taxed in the year of receipt –As per the agreement ,right to collect said amount would crystallize on day when tenements or portion of land would be sold/handed over by developers to prospective buyers in subsequent year- Taxable in subsequent year- Capital gains arising on conversion of land into stock-in-trade prior to development agreement would also be taxed in subsequent year in which the right to collect the amount is crystallized- Conversion of capital asset into stock-in-trade, capital gains had to be worked out on basis of fair market value of property as on date of conversion and not on basis of existing market value of property . [ S. 4, 5,45, 145 ]

ITO v.Vilas Babanrao Rukari (HUF) (2018) 171 ITD 532/ 194 TTJ 954/ 167 DTR 353 (Pune) (Trib.)

S. 14A : Disallowance of expenditure – Exempt income –Income from other sources- Dividend income on investment made in Oman-No disallowances can be made- DTAA-India- Oman [S.90(2), Art . 25, R.8D ]

ACIT v. Indian Farmers Fertiliser Cooperative Ltd. (2018) 171 ITD 504 (Delhi) (Trib.)

S. 271(1)(c) : Penalty – Concealment -Disallowance of claim -Rejection of revised return-Mere making claim which is unsustainable in law will not amount to furnishing inadequate particulars ; what the law contemplates is making of a false claim or claim which is not bona fide – Deletion of penalty is held to be justified. [ S.80IC ]

PCIT v. Mahima Udyog ( 2018( 2018) 303 CTR 633 /168 DTR 29( Uttarakhand) (HC)

S. 4 : Charge of income-tax -Power subsidy- Capital or revenue- Purpose test- Power subsidy which is available only to new units and units which have undergone an expansion , purpose being incentive as a capital subsidy has to be regarded as capital receipts .[ S.28(i) ]

PCIT v. Shyam Steel Industries Ltd ( 2018) 303 CTR 628/168 DTR 152 ( Cal) (HC)

S. 254(1) : Appellate Tribunal – Duties- It would always be ideal for the Tribunal to consider the entire issues in an appeal , so that the parties can have a quietus to the matter.

Nishant Export v. ACIT (2018) 401 ITR 401 / 168 DTR 157 / 303 CTR 624 (Ker) (HC)

S. 158BB : Block assessment – Undisclosed income – Gift-Statement during search proceedings- Retraction-Books of account-Oral statement -Evidentiary value -Found and evidence found- Divergence opinion among Courts-Referred to larger Bench (CIT v. DPA Harjeev ( 2016) 241 Taxman 199/ 6 ITR -OL 504 ( Delhi) (HC), CIT v. Hotel Meriya ( 2011) 332 ITR 537 ( Ker) (HC) [ S. 68, 131,132(4), 158BA, Evidence Act, 1872 , S.3, 57, 114 ]

CIT v. M.S. Aggarwal ( 2018) 406 ITR 609 /93 taxmann.com 247 / 303 CTR 560/ 166 DTR 121( Delhi) ( HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Dissolution of company-Taken over by limited liability partnership-Opportunity of hearing must be granted to successor before passing the order-Matter remanded to the Tribunal .

Brolly Dealcom LLP v. CIT (2018) 406 ITR 542 / 304 CTR 783 (Cal) (HC)