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. 115O : Domestic companies-Tax on distributed profits–Charging section–No need for issuance of notice before making a demand– Profits distributed to share holders is deemed to be dividend- Reduction on share capital can be effected by buying back shares –Advance Ruling cannot be given if an enquiry is pending against the assessee-Writ will not normally be issued if there is alternative remedy. [S. 2(22), 245R, Art.226]

Cognizant Technology Solutions India P. Ltd. v. DCIT, LTU (2019) 416 ITR 462 / 255 Taxman 100 (Mag.) / 181 DTR 382/ 310 CTR 527(Mad.)(HC) Editorial : Order of single judge is partly affirmed ; Cognizant Technology Solutions India (P) Ltd .v. DCIT (2019) 418 ITR 576 / 310 CTR 515 / 181 DTR 371 (Mad)(HC)

S. 80IA : Industrial undertakings-Two manufacturing units-Deduction at 30% of eligible business–Not on total income.[S. 80AB]

CIT v. Apollo Tyres Ltd. (No. 5) (2019) 416 ITR 571 (Ker.)(HC)

S. 80IA : Industrial undertakings–Interest on bank deposits do not constitute business income for claiming deduction.

CIT v. Apollo Tyres Ltd. (No. 3) (2019) 416 ITR 554 (Ker.)(HC)

S. 80HHC : Export business-Deduction is allowable on the basis of finally assessed income.

CIT v. Apollo Tyres Ltd. (No. 3) (2019) 416 ITR 554 (Ker.)(HC)

S. 73 : Losses in speculation business-Non-Banking financial Institution advancing Loans and making investments-Not speculative transactions-Loss is allowable to be set off. [S. 28(i)]

CIT v. Nalwa Sons Investment Ltd. (2019) 416 ITR 263 (Delhi)(HC)

S. 68 : Cash credits-Transactions found to be genuine—Deletion of addition is held to be justified.

CIT v. Nalwa Sons Investment Ltd. (2019) 416 ITR 263 (Delhi)(HC)

S. 68 : Cash credits-No explanation was furnished–Civil proceedings would not regulate the assessment under the Income-tax Act-Tribunal remanding the matter is held to be erroneous-Addition as cash credit is valid. [S. 254(1)]

CIT v. Malayil Bankers. (2019) 416 ITR 322 /( 2020) 185 DTR 347/ 314 CTR 568(Ker.)(HC)

S. 43A : Rate of exchange-Foreign currency-Actual cost-Gains earned on cancellation of forward contracts-Capital in nature and liable to be capitalized towards cost of machinery. [S. 43(1)]

Apollo Tyres Ltd. (No. 2) v. ACIT (2019) 416 ITR 539 (Ker.)(HC) CIT v. Apollo Tyres Ltd. (No. 3) (2019) 416 ITR 554 (Ker.)(HC)

S. 37(1) : Business expenditure-Contribution to Employees welfare Trust–Allowable as business expenditure. [S. 36(1)(iv), 36(1)(v), 40A(9)]

CIT v. Apollo Tyres Ltd. (No. 4) (2019) 416 ITR 564 (Ker.)(HC)

S. 37(1) : Business expenditure-Variation in quality or defective goods–No addition can be made-General expenses–Reduction of expenses–Rent to other companies–Same management– Commission paid to investment companies–Amount cannot be assessed in the hands of the assessee.[S. 4]

CIT v. Apollo Tyres Ltd. (No .2) (2019) 416 ITR 546 (Ker.) (HC) CIT v. Apollo Tyres Ltd. (No. 3) (2019) 416 ITR 554 (Ker.) (HC)