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. 80HH : Newly established industrial undertakings-Dipping plant-Manufacture- Manufacturing cloth industrial fabrics, readymade garments sewing threads etc-Entitle to deduction. [S. 2(29B)]

Madura Coats P. Ltd. v. DCIT (2019) 417 ITR 115 (Mad.)(HC)

S. 68 : Cash credits-Loan–Onus not discharged–Addition is held to be justified.[S. 69]

Sajid Khan v. PCIT (2019) 417 ITR 1 / 311 CTR 725/ 183 DTR 417/( 2020) 268 Taxman 97(All.)(HC)

S. 45 : Capital gains–Transfer–Allotment letter-Long term-Short term-Assessee in possession of sheds since date of allotment-Assessee Paying Amounts Due Under Agreement-Sale deed executed on 11-1-1996-Transfer of sheds in same year-Assessable as long-term capital gains. [S.2(42A), 2(47)(v)]

South India Minerals Corporation v. ACIT (2019) 417 ITR 306/ 266 Taxman 16 / 311 CTR 995/ 184 DTR 306(Mad.)(HC)

S. 43B : Deductions on actual payment- Entry tax is held to be allowable as deduction.

CIT v. TVS Motors Ltd. (2019) 417 ITR 236 (Mad.)(HC)

S. 37(1) : Business expenditure-Contribution to death relief fund for employees-Entitled to deductions. [S. 40A(9)]

Madura Coats P. Ltd. v. DCIT (2019) 417 ITR 115 (Mad.)(HC)

S. 37(1) : Business expenditure-Compensation paid is held to be not allowable–Payment was held to be not genuine–No question of law. [S. 260A].

Rajkumari Suniel Mutha (Smt.) v. ITO (2019) 417 ITR 295/ ( 2020) 269 Taxman 70 (Bom.) (HC)

S. 37(1) : Business expenditure-Once prior period income is held to be taxable ,prior period expenses is held to be allowable. [S. 145]

PCIT v. Dishman Pharmaceuticals and Chemicals Ltd. (2019) 417 ITR 373/ 112 taxman.com 991/ (2020) 190 DTR 307 (Guj.)(HC)

S. 37(1) : Business expenditure—Capital or revenue-Expenditure for obtaining Licence to operate telecommunication services— Held to be revenue expenditure. [S. 35ABB]

CIT v. Bharti Telemedia Ltd. (2019) 417 ITR 248 (Delhi)(HC)

S. 35 : Scientific research-Advance paid for research and development equipment is held to be allowable expenditure. [S. 35(1)(iv)]

CIT v. TVS Motors Ltd. (2019) 417 ITR 236 (Mad.)(HC)

S. 31 : Repairs-Expenditure on replacement of dies and moulds is held to be current repairs. [S. 37(1)]

CIT v. TVS Motors Ltd. (2019) 417 ITR 236 (Mad.)(HC)