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.68: Cash credits —Presumptive taxation- Retail business-Not maintain books of account – Return filed under presumptive taxation- Cash deposits in bank accounts of assessee — Returned income not matching presumptive rate of tax on gross turnover – Department to treat return as invalid — Addition cannot be made as cash credits [ S.44AF ]

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

S. 50B : Capital gains – Slump sale – Transfer of Hospital business — No Transfer of Land and building of Hospital — Not slump sale — Receipt on account of transfer of Hospital business taxable . [ S.2(42C) ]

Manipal Health Systems P. Ltd. v. ACIT (2018) 65 ITR 51 (SN)) (Bang) (Trib)

S. 43A : Rate of exchange – Foreign currency – Capital advance made to subsidiary- Notional Loss — Restatement of foreign currency loan is capital in nature and not allowable as deduction. [Accounting Standard, Para 11.]

Manipal Health Systems P. Ltd. v. ACIT (2018) 65 ITR 51 (SN) (Bang) (Trib)

S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable -Onus on assessing officer to bring on record comparable cases Assessee as well as holding company assessed to Income-tax at maximum marginal rate — Disallowance is not justified .

Manipal Health Systems P. Ltd. v. ACIT (2018) 65 ITR 51 (SN)(Bang) (Trib)

S.37(1): Business expenditure — Capital or revenue -Collaboration agreement for expansion of existing business — Project abandoned without acquiring any new asset for enduring benefit —Expenses allowable as revenue expenditure.

Manipal Health Systems P. Ltd. v. ACIT (2018) 65 ITR 51( SN)) (Bang) (Trib)

S.32: Depreciation — Goodwill —Goodwill in books of assessee on account of rounding off of decimal in share exchange ratio not an artificial one- Entitle depreciation.

Mtandt Rentals Ltd. v. ITO (2018) 65 ITR 63 (SN) (Chennai) (Trib)

S. 11 : Property held for charitable purposes –Educational activities- Denial exemption is not justified only on account of charging fees from students – Receipts cannot be assessed as income from other sources – The assessee is entitle to exemption.[ S.2(15), 12 , 56]

Rama Devi Memorial Society, City Public School v. JCIT (2018) 65 ITR 50 (Delhi) (Trib)

S. 10B: Export oriented undertakings – Delay of one month in filing return — System of assessee affected by virus —Entitled to exemption.[ S.139(1) ]

Bartronics India Ltd. v. DCIT (2018) 65 ITR 540/ 195 TTJ 314 (Hyd) (Trib)

S. 271(1)(c) : Penalty – Concealment – Furnishing of inaccurate particulars of income — Mere rejection of claim — Penalty not leviable . [ 9(1)(vii) ]

Inspectorate International Ltd. v. ACIT (2018) 65 ITR 333/ 171 ITD 630 (Delhi) (Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Loss in forward contract — Revision treating loss as speculative loss is not valid [ S.43(5) ]

ITT Shipping P. Ltd. v. CIT (2018) 65 ITR 45 (SN) (Kol) (Trib)