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. 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.)
S. 36(1)(vii) : Bad debt-Amounts written off of bad debts-Entitle to deduction. [S. 36(2)]
Malad Sahakari Bank Ltd. v. DCIT (2019) 176 ITD 438/ 182 DTR 350 (Mum.) (Trib.)
S. 36(1)(iii) : Interest on borrowed capital–Interest free advances-Notional disallowance-Burden is on revenue to prove that borrowed capital has been used for interest free advance or loan-No disallowance can be made.
Unitech Ltd. v. DCIT (2019) 176 ITD 266 (Delhi)(Trib.)
S. 32 : Depreciation-Co-operative bank-Securities held as ‘Available for sale’ which was computed and claimed consistently by assessee every year in its profit and loss account- Held to be allowable.
Malad Sahakari Bank Ltd. v. DCIT (2019) 176 ITD 438/ 182 DTR 350 (Mum.) (Trib.)
S. 22 : Income from house property–letting out property– Assessable as income from house property and not as business income.[S. 28(i)]
Unitech Ltd. v. DCIT (2019) 176 ITD 266 (Delhi)(Trib.)
S. 14A : Disallowance of expenditure – Exempt income – Suo moto disallowance which is more than exempt income- No disallowance can be made. [R. 8D]
Unitech Ltd. v. DCIT (2019) 176 ITD 266 (Delhi)(Trib.)
S. 12A : Registration–Trust or institution-Medical relief- Rejection of application for registration merely on the ground that activities envisaged in aims and objects of assessee-society had not been carried out is held to be not valid -Matter remanded. [S.2(15), 12AA]
Anand Isher Amar Charitable Cancer & Multi-Speciality Hospital Society. v. CIT (2019) 176 ITD 424/ 180 DTR 170 (Asr.)(Trib.)
S. 9(1)(vi) : Income deemed to accrue or arise in India–Royalty– Non-resident–Sale of software -Copyrighted products–Not liable to tax as royalty–DTAA-India-Ireland. [Art. 12]
Mentor Graphics Ireland Ltd. v. ACIT(IT) (2019) 69 ITR 247 (Delhi)(Trib.)
S. 9(1)(vi) : Income deemed to accrue or arise in India–Non-Resident-Royalty-Computer software-Transfer of copyrighted software-consideration would not amount to ‘royalty’ or fees for ‘included services’ or ‘technical services’-Not taxable in India– Not liable to deduct tax at source-DTAA-India–Sweden.[S.9(1)(i), Art. 12]
Sandvik Tooling Sverige AB v. DCIT (IT) (2019) 176 ITD 390 (Pune)(Trib.)