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
Click here to download the pdf versions of the Digest of case laws

S. 44C : Non-residents – Head office expenditure – Salary paid to expatriates stationed in India working exclusively for business operations In India, provision was held to be not applicable .

Bank of Tokyo-Mitsubishi, UFJ Ltd. v. DCIT (2018) 61 ITR 272 (Delhi) (Trib)

S. 44BBB : Foreign companies – Civil construction – Presumptive taxation-Percentage completion method -Rejection of books account and assessment at presumptive rate of tax was held to be not justified [ S.44AA(2) ]

CIT v. Shandong Tiejun Electric Power Engineering Co. Ltd. (2018) 400 ITR 371 (Guj) (HC)

S. 44BB : Mineral Oils – Computation – Income deemed to accrue or arise in India- Royalties and fees for technical services -Specific provision is applicable and provision of S.44DA is not applicable- Article 12 of OECD Model Convention [ S.9(1)(vii), 44DA ]

National Oil Well Maintenance Company. v. DCIT IT (2018) 168 ITD 385 (Jaipur ) (Trib.)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability -Benefit from Pre-payment of deferred Sales Tax Liability cannot be assessed u/s 41(1).

ACIT v. Chambal Fertilisers And Chemicals Limited. (2018) 61 ITR 33 (Jaipur) (Trib)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Creditors were paid in subsequent years hence addition was held to be not justified .

CIT v. Banaras House Ltd. (2018) 402 ITR 88 (Delhi) (HC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Deferral sales tax Scheme -Premature payment in terms of net present value (NPV) of same cannot be assessed as remission or cessation of liability [ S.43B ]

CIT v. Balkrishna Industries Ltd. (2018) 252 Taxman 375 / 300 CTR 209/ 161 DTR 185 (SC) Editorial: CIT v. Sulzer India Ltd ( 2014) 369 ITR 717/ ( 2015) 229 Taxman 264 ( Bom) (HC) is affirmed.

S.40A(3):Amounts not deductible-Hotel and restaurant bills –Each payment is less than Rs 20,000/ hence disallowance was held to be not valid .

ACIT v. Kiwifx Solutions. (2018) 61 ITR 780 (Ahd) (Trib)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits -Amount being small and genuineness of payment was not doubted no disallowance can be made .

ITO v. Samwon Precision Mould Mfg. India Pvt. Ltd. (2018) 401 ITR 486 (Delhi) (HC)

S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable – Rent paid to guest house – Payment being comparable no disallowance can be made .

ACIT v. Chambal Fertilisers And Chemicals Limited. (2018) 61 ITR 33 (Jaipur) (Trib)

S. 40(b)(i) : Amounts not deductible – Partner – Book profit- Once cash advances was assessed as business income the same has to be taken in to consideration for the purpose of book profit [ S.28(i), 133A ]

National Sales Corporation v. ITO ( 2018) 400 ITR 463 (Bom) (HC)