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. 54 : Capital gains-Profit on sale of property used for residence- -Investment in purchase of new residential property up to date of filing of his revised return- Entitle to exemption. [S. 139(5)]
Rajendra Pal Verma v. ACIT (2019) 176 ITD 211/ 178 DTR 169/ 199 TTJ 873 (Mum.)(Trib.)
S. 45 : Capital gains-Business income-Shares held as investment–Recorded as investment in the books of account at the time of purchase and from year to year–Sale consideration cannot be assessable as business income.[S. 28(i)]
Unitech Ltd. v. DCIT (2019) 176 ITD 266 (Delhi)(Trib.)
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability–Waiver of interest and LIC guarantee fee-Not claimed as deduction in earlier years-Addition cannot be made– Adjustment of carry forward of losses and depreciation-Matter remanded to CIT(A) for read judication.
Fertilizer corporation of India Ltd. v. ACIT (2019) 69 ITR 183 (Delhi)(Trib.)
S. 40(a)(ia) : Amounts not deductible-Deduction at source–Hiring charges for use of cranes–Payment being not contractual – Not liable to deduct tax at source. [S. 194C]
Bhangal Construction Co. v. ITO (2019) 176 ITD 419 (Asr.)(Trib.)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Contractor-PAN of transporters at time of payment of freight was collected–Disallowance cannot be made. [S. 194C(6), 194C(7)]
ACIT v. Arihant Trading Co. (2019) 176 ITD 397 (Jaipur) (Trib.)
S. 37(1) : Business expenditure-Prior period expenses–Method of accounting -Bills received during the year–Liability crystallised during the year–Allowable as deduction. [S. 145]
Unitech Ltd. v. DCIT (2019) 176 ITD 266 (Delhi) (Trib.)
S. 37(1) : Business expenditure–Interest-Commercial expediency –Unrelated parties-Payment was made as part of contract– Disallowances cannot be made. [S. 36(1)(iii)]
Unitech Ltd. v. DCIT (2019) 176 ITD 266 (Delhi)(Trib.)
S. 37(1) : Business expenditure-Indian subsidiary-Head office- Payment to holding company for providing services-Matter remanded.
Diamond Crucible Company Ltd. v. ACIT (2019) 176 ITD 258 (Ahd.)(Trib.)
S. 36(1)(viii) : Eligible business-Special reserve–Development of housing-Long term finance-Construction/purchase of residential houses- Not entitle to deduction in respect of income from loans given for individual residential houses.
South Indian Bank Ltd. v. ACIT (2019) 176 ITD 309 (Cochin) (Trib.)
S. 36(1)(viia) : Bad debt-Provision for bad and doubtful debts- Schedule bank-Co-operative bank- Eligible for deduction of provision for doubtful debt and loss assets to extent of 7.5 per cent of business income (computed before making any deduction under this clause and Chapter VIA). [S. 37(1)]
Malad Sahakari Bank Ltd. v. DCIT (2019) 176 ITD 438/ 182 DTR 350 (Mum.) (Trib.)