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–Capital or revenue-Software-License fee connectivity charges and coordination charges is allowable as revenue expenditure

DCIT v. G.E. Capital Business Process Management Services Pvt. Ltd. (2017) 51 CCH 158 / 63 ITR 337 (Delhi)(Trib.)

S. 36(1)(va) : Any sum received from employees – Provident fund and employees State Insurance -Allowable as deduction though the amount was deposited after the due date but before the due date of filing of return. [S. 43B, 139(1)]

DCIT v. Godawari Power & Ispat Ltd. (2018) 68 ITR 19 (SN) (Raipur)(Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Interest paid on loan borrowed for renovation and modernization in assessee’s factory premises-Allowable as deduction.

Laboratories Griffon (P) Ltd v.Dy .CIT (2018) 170 ITD 387 /65 ITR 317 / 193 TTJ 855/( 2019) 178 DTR 355 (Kol) (Trib.)

S 32 : Depreciation–Paper Brand-Trade marks -Intangible assets -Eligible depreciation.[S. 32 (1)(ii)]

DCIT v. Kuantum Papers Ltd. (2018) 62 ITR 439 (Delhi)(Trib.)

S. 28(i) : Business loss-Write off of advances made for running and development of business is held to be allowable as deduction. [S. 37(1)]

Mahindra & Mahindra Ltd. v. Dy.CIT (2018) 193 TTJ 618 (Mum.)(Trib.)

S. 14A : Disallowance of expenditure-Exempt income–Investments out of own funds and free reserves not liable for disallowance- 2% of dividend income was disallowed towards administrative expenses. [R. 8D]

DCIT v. Godawari Power & Ispat Ltd. (2018) 68 ITR 19 (SN) (Raipur) (Trib)

S. 4 : Charge of income-tax – Carbon credit -Capital or revenue -Additional ground -Receipt from sale of carbon credit is capital receipt-Not taxable as income – Additional ground was admitted and remanded the matter for verification. [S. 2(24), 80IA(4), 115BBG, 254(1)]

DCIT v. Godawari Power & Ispat Ltd. (2018) 68 ITR 19(SN) (Raipur)(Trib.)

S. 276CC : Offences and prosecutions–Companies–Failure to furnish return would not come in way of criminal prosecution-Sanction–Commissioner empowered to sou moto initiate penalty even if assessing authority is Additional Commissioner-Return of income–Failure to furnish–Omission on part of the AO to impose penalty by itself does not mean default is not willful-Return of Income–Primary responsibility of furnishing return is of Managing Director–Directors also equally responsible for furnishing return. [S.139, 140, 271F, 278B, 279]

Rakshit Jain v. ACIT (2018) 171 DTR 401 / 305 CTR 577 / 103 CCH 64 (Delhi)(HC) Shrawan Gupta v. ACIT (2018) 171 DTR 401/ 305 CTR 577 / 103 CCH 64 (Delhi)(HC)/MGF Development Ltd v. ACIT (2018) 171 DTR 401/ 305 CTR 577 (Delhi)( HC) .

S. 271(1)(c) : Penalty–Concealment–Writing off capital work in progress- Penalty not sustainable on disallowance of assessee’s claim of loss–Legislature does not intend to penalize every person whose claim is disallowed.

PCIT v. Samtel India Ltd. (2018) 168 DTR 322 (Delhi)(HC)

S. 271(1)(c) : Penalty–Concealment–Not mentioning the specific charge -Ground mentioned in show cause notice would not satisfy requirement of law for levying penalty as charges levied in the notice were not specific-Deletion of penalty is held to be valid. [S. 132, 139, 153A]

PCIT v. Kulwant Singh Bhatia (2018) 168 DTR 327 / 304 CTR 103 / 102 CCH 303 (MP.)(HC)