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. 37(1) : Business expenditure–Enhanced compensation-Matter set aside to examine lease agreement whether the assessee is entitle to recover from sub–lessees.

ACIT v. Rubber Park India (P.) Ltd. (2019) 177 ITD 614 (Cochin) (Trib.)

S. 37(1) : Business expenditure-Capital or revenue–Acquisition of Set Top Boxes (STB)–Capital expenditure-Depreciation is allowable at 15%.[S. 32].

ACIT v. Kerala Communicators Cable Ltd. (2019) 177 ITD 623/ 201 TTJ 704 / 183 DTR 313 (Cochin)(Trib.)

S. 37(1) : Business expenditure–Trade advances–Allowable as deduction. [S. 28(i)]

ACIT v. Hiravati Marine Products (P.) Ltd. (2019) 177 ITD 722 (Rajkot)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital–Stock in trade– Housing project–Percentage completion method-Interest on money borrowed-Added to cost of project. [S.145, AS 16]

ITO v. Khatu Shyam Builders. (2019) 177 ITD 643 (Jaipur) (Trib.)

S. 35 : Scientific research–Approval granted was cancelled subsequently with retrospective effect–Weighted deduction cannot be denied if there was valid and subsisting approval when donation was given.[S. 35(1)(ii)]

Urnish Jewellers v. ACIT (2019) 177 ITD 364 (Mum.)(Trib.)

S. 32 : Depreciation-Power project–Housing colony for accommodation of staff involved in power project-Directed to AO to determine to compute depreciation on housing colony at rate of 3.02 per cent on SLM basis-.Matter remanded. [S. 32(1)(i)]

Ginni Global (P.) Ltd. v. ACIT (2019) 177 ITD 278 /182 DTR 44 / 201 TTJ 524 (Jaipur)(Trib.)

S. 32 : Depreciation-Power project–Housing colony for accommodation of staff involved in power project-Directed to AO to determine to compute depreciation on housing colony at rate of 3.02 per cent on SLM basis-Matter remanded. [S. 32(1)(i)]

Ginni Global (P.) Ltd. v. ACIT (2019) 177 ITD 278 /182 DTR 44 / 201 TTJ 524 (Jaipur) (Trib.)

S. 32 : Depreciation-Delivery from recognised seller–Denial of depreciation is held to be not justified.

Sonu Nigam v. ACIT (2019) 177 ITD 597 (Mum.)(Trib.)

S. 28(iv) : Business income-Value of any benefit or perquisites- Converted in to money or not-Discount received by assessee on buyback of Foreign Currency Convertible Bonds (FCCB) is capital receipt–Not liable to be taxed.[S. 4]

DCIT v. Pidilite Industries Ltd. (2019) 177 ITD 472 (Mum.) (Trib.)

S. 22 : Income from house property–Owner-SPV promoted by State Housing Board for undertaking construction of apartments- Not an owner of apartments-Annual value of unfinished flats could not be brought to tax.[S. 23]

Bengal DCL Housing Development Co. Ltd. v. DCIT (2019) 177 ITD 402/ 181 DTR 245 (Kol.)(Trib.)