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. 68 : Cash credits-Capital gains-Sale of property-Part of sale consideration credited in assessee’s account–Addition as income from undisclosed source is held to be justified. [S. 45]

CIT v. Harri Joseph (2019) 415 ITR 181 (Ker.)(HC)

S. 68 : Cash Credits-Source of fund explained–Burden discharged -Deletion of addition is held to be justified.

CIT v. T. B. Kunhimahin Haji and others. (2019) 415 ITR 491 (Ker.)(HC)

S. 55A : Capital gains-Reference to valuation officer-Cost of acquisition-Filing valuation report-Refusal to make reference to valuation officer is not proper-Matter remitted to Assessing Officer for reference to valuation officer. [S. 45]

C. V. Sunny. v. CIT (2019) 415 ITR 127/ 179 DTR 115/ 309 CTR 291/ 265 Taxman 19 (Mag.) (Ker.)(HC)

S.28(i) Business income- : Capital Gains-Capital asset-Agricultural land-Purchase lands from land owners, convert them for non-agricultural use and sell them to companies-Property sold was not capital asset- Assessable as business income . [S. 2(14), 45 ]

Sunil Bansal v. ACIT (2019) 415 ITR 236/ 267 Taxman 87 (Raj.)(HC) Editorial: SLP of assessee dismissed , Sunil Bansal v. CIT (2022) 287 Taxman 175/113 CCH 172 (SC)/ Review petition dismissed, Sunil Bansal v. CIT (2022) 288 Taxman 650 (SC)

S. 45 : Capital gains-Capital loss-Loss incurred on account of sale of shares to sister concern-Neither fraudulent nor colourable device-Allowable as capital loss. [S. 260A]

CIT v. Parry and Co. Ltd. (2019) 415 ITR 45 (Mad.)(HC)

S. 37(1) : Business expenditure-Year of allowability of expenditure-Method of accounting-Rate of tax is same in both assessment years-Question academic-No question of law. [S. 145, 260A]

PCIT v. Rajesh Prakash Timblo (2019) 415 ITR 334/ (2020) 185 DTR 34/ 313 CTR 91 (Bom.)(HC) PCIT v. Vidya Rajesh Timlo (2019) 415 ITR 334/(2020) 185 DTR 34 / 313 CTR 91 (Bom.)(HC)

S. 37(1) : Business expenditure-Capital or revenue-Manufacture of yarn-Replacement of old machinery by purchase and installation of new machinery-Not allowable as revenue expenditure.

CIT v. Kongarar Spinners Ltd. (2019) 415 ITR 103 (Mad.)(HC)

S. 37(1) : Business expenditure—Commission paid to persons who have referred the students–Disallowance of 50% of commission is held to be justified.

Malti Gupta (Smt.) v. CIT (2019) 415 ITR 168 (P&H)(HC)

S. 28(i) : Business Loss-Embezzlement of cash by director- Recovery of amount or outcome of pending criminal prosecution against director before Metropolitan Magistrate is irrelevant– Allowable as deduction. [S. 36(2), 37(1)]

PCIT v. Saravana Selvarathnam Trading And Manufacturing Pvt. Ltd. (2019) 415 ITR 146 (Mad.)(HC)

S. 28(i) : Business loss-Bank guarantee-Loss due to encashment of bank guarantee is allowable as business loss.

CIT v. Chandragiri Construction Co. (2019) 415 ITR 63 (Ker.) (HC)