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–Capitalisation fee–Statement on oath-Search and seizure – Undisclosed income was disclosed–Addition of capitalization fee is held to be not valid. [S. 132(4), 158BC]
R. Bhoopathy v. CIT (2019) 263 Taxman 411/ 176 DTR 239 (Mad.)(HC)
S. 68 : Cash credits–Share capital-Two foreign nationals–Directors of the company-Identity of share applicants and genuineness of money infused is established- Deletion of addition is held to be justified.
PCIT v. E -Smart Systems (P.) Ltd. (2019)105 taxmann.com 158 / 263 Taxman 374 (Delhi) (HC) Editorial: SLP of revenue is dismissed, PCIT v. E- Smart Systems (P.) Ltd. (2019) 263 Taxman 373 (SC)
S. 45(4) : Capital gains–Retirement-Allotment to a partner of his share in assets of partnership after deduction of liabilities is not transfer – Not liable to capital gains tax. [S. 2(47)(vi)]
National Company v. ACIT (2019) 415 ITR 5 / 263 Taxman 511/ 310 CTR 217 (Mad.)(HC)
S. 37(1) : Business expenditure–Cost of print and publicity–cost of production- Feature films -Expenditure were incurred after production and certification of film by Censor Board was received – Not governed by Rule 9A- Allowable as revenue expenditure. [R. 9A 9B]
CIT v. Dharma Productions (P.) Ltd. (2019) 263 Taxman 585 / 308 CTR 809 / 177 DTR 321 (Bom.)(HC)
S. 28(i) : Business income-Income from house property–Shopping mall -Commercial exploitation-Facilities and services-Income derived by assessee by letting out shops in mall had to be assessed as income from business and not as income from house property. [S. 22]
CIT v. Oberon Edifices & Estates (P.) Ltd. (2019) 263 Taxman 377/ 311 CTR 815/ 184 DTR 56 (Ker.)(HC)