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. 42 : Business for prospecting-Mineral oil–Surrender of oil blocks before commencement of commercial production would be treated as surrender for claiming deduction of oil exploration expenditure. [S. 42(1)(a)]

PCIT v. Hindustan Oil Exploration Company Ltd. (2019] 264 Taxman 154 /(2020)423 ITR 465 / 187 DTR 123 / 314 CTR 518 (Bom.)(HC)

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability -Sundry creditors shown in books of account merely on ground that assessee failed to furnish PAN or correct address of those creditors additions cannot be made.

PCIT v. B.T. Nagraj Reddy (2019) 264 Taxman 228 (Karn.)(HC)

S. 37(1) : Business expenditure–Consultancy fee-Investment research services, paid an amount to its foreign associate entity – Allowable as business expenditure.

PCIT v. Lok Advisory Services (P.) Ltd. (2019) 104 taxmann.com 67 / 264 Taxman 39 (Mag.) (Delhi) (HC)

S. 37(1) : Business expenditure–Membership fees paid to club by Chairman and Managing Director of company-Allowable as business expenditure.

PCIT v. Bayer Vapi (P) Ltd. (2019) 264 Taxman 182 (Guj.)(HC)

S. 37(1) : Business expenditure–Capital or revenue-Legal and professional expenses-Litigation expenses -Buy back of shares– Allowable as revenue expenditure.

PCIT v. Bayer Vapi (P) Ltd. (2019) 264 Taxman 182 (Guj.)(HC)

S. 32 : Depreciation–Purchase of business on slump sale- Intangible assets and marketing rights-Depreciation is allowable- Not a related concern-Provisions of S. 40A(2)(b) of the Act cannot be applied. [S. 40A(2)]

PCIT v. Bayer Vapi (P) Ltd. (2019) 264 Taxman 182 (Guj.)(HC)

S. 28(i) : Business loss-Speculative transaction–Damages–Palm oil-Damages paid for not honouring commitments to take delivery against some purchase orders placed on foreign sellers– Allowable as business loss – Not speculative loss. [S. 43(5)]

CIT v. Ambo Agro Products (P.) Ltd. (2018) 257 Taxman 156 (Cal.) (HC) Editorial : SLP of revenue is dismissed, CIT v. Ambo Agro Products (P.) Ltd. (2019) 264 Taxman 167 (SC)

S. 14A : Disallowance of expenditure-Exempt income-In absence of any exempt income disallowance cannot be made. [R. 8D]

PCIT v. GVK Project and Technical Services Ltd. (2019) 106 taxmann.com 180 / 264 Taxman 77 (Delhi)(HC) Editorial: SLP of revenue is dismissed, PCIT v. GVK Project and Technical Services Ltd. (2019) 264 Taxman 76 (SC)

S. 11 : Property held for charitable purposes-Depreciation- Application of income – Eligible depreciation. [S. 32]

DIT v. Society for Applied Microwave Electronic Engineering & Research. (2019) 106 taxmann.com 203 / 264 Taxman 82 (Bom.) (HC) Editorial: SLP of revenue is dismissed, DIT v. Society for Applied Microwave Electronic Engineering & Research. (2019) 264 Taxman 81 (SC)/413 ITR 317 (St.)(SC)

S. 10(26B) : Schedule castes or schedule Tribes–Housing scheme for benefit and welfare of employees of Police department, Government of Arunachal Pradesh-All persons of Police Department are not belonging to Scheduled Castes, Schedule Tribes or other backward classes- Not eligible for exemption.

Arunachal Police Housing And Welfare Corporation Ltd. v. CIT (2019) 264 Taxman 160 / 307 CTR 543 / 175 DTR 358 (Gauhati) (HC)