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. 14A: Disallowance of expenditure – Exempt income – Disallowance cannot exceed exempt income earned — Tribunal restricting disallowance to extent offered by assessee is held to be proper. [R.8D]
CIT v. HSBC Invest Direct (India) Ltd. (2020) 421 ITR 125 (Bom) (HC)
S. 14A : Disallowance of expenditure – Exempt income – In the absence of any exempt income, disallowance is not permissible. [ R.8D]
PCIT v Dish TV India Ltd (Bom) (HC) (UR ).
S. 14A : Disallowance of expenditure – Exempt income – Rule 8D is not applicable to assessments prior to AY. 2008 -09 [R.8D]
PCIT v. Bank of India ( Bom) (HC) (UR)
S. 14A : Disallowance of expenditure – Exempt income – When there is no exempt income declared during the year no disallowance can be made .[ R.8D(2) (ii) ]
PCIT v .Morgan Stanley India Securities P Ltd (Bom)(HC)(UR)
S. 14A: Disallowance of expenditure – Exempt income – When there is no exempt income declared during the year no disallowance can be made. [R. 8D (2) (ii) ]
PCIT v Khoinoor Project Pvt Ltd ( 2020) 425 ITR 700 / (2021) 276 Taxman 180 (Bom) (HC)
S. 271F : Penalty-Return of income-Failure to furnish – Refund return-Penalty is not leviable. [S.139(4), 244A]
Rajesh Ajjavara v. ITO (TDS) (2020) 77 ITR 14 (SN) (Bang.)(Trib.)
S. 271D : Penalty–Takes or accepts any loan or deposit–Gift transactions between husband and wife-Levy of penalty is held to be not valid. [S. 269SS, 269T, 271E, 273B]
Savita S. Gangadshetti (Smt.) v. JCIT (2020) 77 ITR 79 (SN) (Bang.)(Trib.)
S. 271D : Penalty–Takes or accepts any loan or deposit–Money returned to father–Receipt of money from family members for medical emergency–Receipt of money from member of association for building school-Neither loan or advances–Levy of penalty is held to be not justified. [S. 269SS, 273B]
Gourang Chandra Nayak v. Jt. CIT (2020) 77 ITR 192 (SN) (Cuttack) (Trib.)