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. 45 : Capital gains–Business income-Sale of shares-Shares settled by settlor – Shares received by way of Employee Stock Option Plan-Assessable as capital gains and not as business income-Entitle to exemption. [S. 10(38), 28(i)]

PCIT v. Vernan (P.) Trust (2019) 107 taxmann.com 432 / 265 Taxman 158 (Bom.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Vernan (P.) Trust. (2019) 265 Taxman 157 (SC)

S. 40A(2) : Expenses or payments not deductible–Excessive or unreasonable-TV broadcasting right of cricket match-Cancellation of one match and addition of another match-Addition of price difference in broadcasting rights of matches cannot be made.

PCIT v. NEO Sports Broadcast (P.) Ltd. (2019) 264 Taxman 323 (Bom.)(HC)

S. 37(1) : Business expenditure–Capital or revenue-Fixing of MS sliding gates, different pipes for sprinkler system in main ground, excavation of soil, purchasing of LED replay screen, electric materials etc., for upgrading stadium in accordance with ICC Standards, is revenue in nature.

PCIT v. Cricket Club of India. (2019) 265 Taxman 95 (Bom.)(HC)

S. 37(1) : Business expenditure–Commencement of business– Service sector–Preliminary steps, such as engaging in negotiation or employment of personnel, could be regarded as an activity of commencement of business–Expenditure is held to be allowable.

Indian Railway Stations Development Corporation Ltd. v. PCIT (2019) 265 Taxman 11 (Mag.)/ 178 DTR 425 /(2020) 314 CTR 271 (Delhi)(HC)

S. 36(1)(iii) : Interest on borrowed capital-Acquisition of capital asset-Business of land development for industrial, commercial and residential use-Proviso to section 36(1)(iii) override provision of section 145A–Disallowance of claim of interest is held to be justified. [S. 145A]

Mahindra World City Developers Ltd. v. ACIT (2019) 417 ITR 241/ 264 Taxman 328/180 DTR 299 (Mad.)(HC)

S. 35 : Scientific research-Expenditure on scientific research is held to be allowable as deduction-Order of Tribunal is affirmed. [S. 35(2AB)]

CIT v. Rajapalayam Mills Ltd. (2019) 265 Taxman 209 (Mad.)(HC)

S. 28(i) : Business income–Leasing the hotel and charging one percentage of total revenue–Assessable as business income and not as income from house property.[S. 22, 23]

CIT v. Plaza Hotels (P.) Ltd. (2019) 107 taxmann.com 287 / 265 Taxman 90 (Bom.)(HC) Editorial : SLP of revenue is dismissed, CIT v. Plaza Hotels (P.) Ltd. (2019) 265 Taxman 89 (SC)

S. 12AA : Procedure for registration–Trust or institution-Running of college and educational institutions-Denial of registration is held of be not valid. [S. 10(23C)(vi)]

CIT v. Khatu Ji Para Medical Technology Educational & Research Society. (2019) 264 Taxman 300 (P& H) (HC)

S. 10A : Free trade zone–Deduction is to be allowed before allowing set off of looses of earlier years–Expenses reduced from export turn over has to be reduced from total turn over.

PCIT v. Infosys BPO Ltd. (2019) 107 taxmann.com 56 / 264 Taxman 290 (Karn.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Infosys BPO Ltd. (2019) 264 Taxman 289 (SC)

S. 10A : Free trade zone-Loss of another unit cannot be set off against the profit of unit eligible for deduction.

CIT v. Russan Pharma Ltd. (2019) 197 taxmann.com 111 / 265 Taxman 2 (Bom.)(HC) Editorial : SLP of revenue is dismissed, CIT v. Russan Pharma Ltd. (2019) 265 Taxman 1 (SC)