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. 54 : Capital gains – Profit on sale of property used for residence –
Cost of improvement — Not able to establish – Indexation denied [ S.45 , 48 ]

Ashok Kumar Dusad v. ITO (2020) 81 ITR 19 (SN) Jaipur) (Trib)

S. 54 : Capital gains – Profit on sale of property used for residence –
Depositing gains in capital gains accounts scheme before due date for filing return under Section 139(4) of the Act and purchasing new house within two years of transfer -Mere non-compliance with procedural requirement- Denial of exemption is not justified [ S.45 , 54(2) , 54F , 139(1) , 139(2) ]

ITO v. Rekha Shetty (Smt.) (2020) 184 ITD 38 / 81 ITR 1 (SN) (Chennai ) (Trib)

S. 50C : Capital gains – Full value of consideration – Stamp valuation
Transfer of litigated property — Directed to compute capital gains based on actual sale consideration received – Not established that the property was acquired – Denial of exemption is justified [ S.54F ]

Aruna Kommuri v .ACIT (2020) 81 ITR 20 (SN (Hyd) (Trib)

S.43B: Deductions on actual payment – Provident Fund and Employees’ State Insurance Contribution —Making contribution before due date for filing return- Allowable as deduction.[ S.36(1)(va) ]

Dy.CIT v. Jaipur Vidyut Vitaran Nigam Ltd. (2020) 81 ITR 72 ( SN) (Jaipur) (Trib)

S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable – Transfer pricing – Royalty – Transfer pricing provision is specific provision – Assessing Officer was required to compare the royalty expenses paid in the case of the similar products by other companies during the relevant period- Disallowance is held to be not valid [ S.92C ].

De Diamond Electric India Pvt. Ltd. v. ACIT (2020)81 ITR 32 (SN) / 195 DTR 97/ 207 TTJ 359(Delhi) (Trib)

S. 40(a)(ii) : Amounts not deductible – Rates or tax – Education cess and higher and secondary education cess — No disallowance can be made .[ S.147 , 148 ]

Thomson Press India Ltd. v . ACIT (2020) 81 ITR 63 (SN) ( Delhi) (Trib)

S. 40(a)(ia): Amounts not deductible – Deduction at source –
Placement fees under contract between Cable operators —Neither commission nor royalty – Not liable to deduct tax source – No disallowance can be made . [ S.9(1) (vi ), 194C, 194J ]

Star India P. Ltd. v ACIT (2020) 81 ITR 8 (SN) (Mum) (Trib)

S. 40(a)(i) : Amounts not deductible – Deduction at source -Non-resident -Reimbursement of salary cost- No disallowance can be made [ S.192 , 195 ]

Boeing India Pvt. Ltd. v .ACIT (2020)81 ITR 94 (SN) ( Delhi ) (Trib)

S. 38 : Building – Partly used for business -Business income — Income from house property — Entitled to proportionate deduction for remaining period of seven months of repairs and maintenance [ S. 22, 38(2)]

Wilhelmsen Ship Management India Pvt. Ltd. v .Dy. CIT (2020) 81 ITR 14 (SN) ( Mum) (Trib)

S. 37(1) : Business expenditure — Motor car, conveyance and miscellaneous expenses — Ad hoc disallowance- Books of account not rejected – Disallowance is held to be not justified [ S.145 ]

The Rajlaxmi Cotton Mills P. Ltd. v .Dy. CIT (2020) 81 ITR 52 (SN) ( Kol) (Trib)