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. 50B : Capital gains – Slump sale –Cost of acquisition- Transfer of its business division to its subsidiary against shares and debentures is not a slump sale but exchange hence provision would not be applied .[ S.2(42C), 45 ]

Bennett Coleman & Co. Ltd. v. ACIT (2017) 168 ITD 631/( 2018)192 TTJ 377 / 164 DTR 145 (Mum) (Trib.)

S. 45 : Capital gains – Stock in trade -Transfer of land to developer for construction of commercial complex and letting the flats which it got from developer and offering the income as rental income , subsequent sale of flats was held to be assessable as capital gains and cannot be assessed as business income by applying the provision of S. 45(2) of the Act . [ 28(i), 45(2)]

Vikas Solvextracts (P.) Ltd. v. DCIT (2018) 168 ITD 692/192 TTJ 591 / 164 DTR 161 (Kol) (Trib.)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits -Repayment of debt to group concern and expenditure was not debited in profit and loss account, addition cannot be made .

Saamag Developers (P.) Ltd. v. ACIT (2018) 168 ITD 649 (Delhi) (Trib.)

S.37(1): Business expenditure –Development rights – Payment to its shareholders for withdrawal of winding up petition against company in order to clear title of property is held to be allowable as business expenditure .

DCIT v. Cowtown Land Development (P.) Ltd. (2018) 168 ITD 705 (Mum) (Trib.)

S. 28(iv) : Business income – Value of any benefit or perquisites – Converted in to money or not – Purchase of property from a company wherein the assessee is also director can not be assessed as profit and gain of business or profession .

Keshavji Bhuralal Gala v. ACIT (2018) 169 ITD 23 /165 DTR 8/ 193 TTJ 227/ 63 ITR 67 (SN) (Mum) (Trib.)

S. 17(2) : Perquisite -Purchase of property from a company wherein the assessee is also director can not be assessed as perquisite in lieu of salary as there was no employer and employee relation ship [ S.17(2)(iii), 50C ]

Keshavji Bhuralal Gala v. ACIT (2018) 169 ITD 23 /165 DTR 8/ 193 TTJ 227 / 63 ITR 67 (SN)(Mum) (Trib.)

S. 14A : Disallowance of expenditure – Exempt income -Investments in shares and mutual funds from own funds -Interest expenses cannot be disallowed [ R.8D ]

Bennett Coleman & Co. Ltd. v. ACIT (2017) 168 ITD 631/( 2018)192 TTJ 377 / 164 DTR 145 (Mum) (Trib.)

S. 2(47)(v): Transfer –Development rights – Transfer of development rights as per share holder agreement with financial partner for development of integrated township by unregistered agreements , no liability of tax could be fastened on assessee on basis that possession of land had been handed over. [ S.28(i), 45, Registration Act 1908,S.17(IA), Transfer property Act 1882, S.53A]

Saamag Developers (P.) Ltd. v. ACIT (2018) 168 ITD 649 (Delhi) (Trib.)

S.2(22)(e): Deemed dividend- Share holders- Current and inter banking accounts between group companies cannot be considered as loans and advances and addition cannot be made as deemed dividend- No physical possession of accumulated profits, hence no addition can be made as deemed dividend .

Saamag Developers (P.) Ltd. v. ACIT (2018) 168 ITD 649 (Delhi) (Trib.)

Chartered Accountants Act, 1949

S. 21: Misconduct -Disciplinary Directorate-Multinational Accounting Firms ( MAFs)- Union of India was to be directed to constitute a Committee of Experts in order to look in to function of Multinational Accounting Firms ( MAFs) [ S. 25, 29 ]

S. Sukumar v Secretary , Institute of Chartered Accountants of India ( 2018) 254 Taxman 37 ( SC)