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. 80G : Donation-When registration is granted application u/s. 80G(5) cannot be rejected.[S. 12AA, 80G(5)]

CIT v. Lok Sewa Sansthan Samiti Sonebhadra (2019) 105 taxmann.com 202 / 263 taxman 496 (All.)(HC) Editorial : SLP of revenue is dismissed, CIT v. Lok Sewa Sansthan Samiti Sonebhadra (2019) 263 Taxman 495 (SC)

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. 36(1)(vii) : Bad debt-Held to be allowable though the principal amount debited to the principal amount never appeared as a debt on account of trade.

PCIT v. Gujarat Lease Financing Ltd. (2019) 105 taxmann.com 156 263 Taxman 351 (Guj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Gujarat Lease Financing Ltd. (2019) 263 Taxman 350 (SC)

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)

S. 14A : Disallowance of expenditure-Exempt income–AO cannot reject the disallowances offered by the assessee, without adducing any reasons. [R. 8D]

PCIT v. Moonstar Securities Trading and Finance Co. (P.) Ltd. (2019) 105 taxmann.com 274 /263 Taxman 459 (Delhi) (HC) Editorial: SLP of revenue is dismissed, PCIT v. Moonstar Securities Trading and Finance Co. (P.) Ltd. (2019) 263 Taxman 458 (SC)

S. 11 : Property held for charitable purposes –Registration granted – AO cannot revisit objects again while examining compliance with S.11 of the Act. [S. 2(15), 12A]

DIT(E) v. Gemological Institute of India (2019) 105 taxmann.com 179 / 263 Taxman 349 (Bom.)(HC) Editorial: SLP of revenue is dismissed on the ground of low tax effect. DIT(E) v. Gemological Institute of India (2019) 263 Taxman 348 (SC)

S. 11 : Property held for charitable purposes-Accumulation of income – Entitle to exemption. [S. 2(15)]

CIT(E) v. Ahmedabad Urban Development Authority (2019) 105 taxmann.com 309 / 263 Taxman 456 (Guj.) (HC) Editorial : SLP is granted to the revenue, CIT (E) v. Ahmedabad Urban Development Authority (2019) 263 Taxman 455 (SC)