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. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability -Amounts collected by shipping agent for payment to port Trust Authority for the years 1994-99—Dispute was settled by passing final order fixing the storage charges fixing the charges on January 15, 2016–there was no claim against the amount collected -Amount collected was rightly treated as income of the assessee .

CIT v. Chakiat Agencies Pvt. Ltd. (2019) 413 ITR 113 / 263 Taxman 126/ 179 DTR 265/ 311 CTR 886(Mad.)(HC)

S. 37(1) : Business expenditure—Capital or revenue-Expenditure on repair of office room—Held to be capital expenditure.

South India Corporation Ltd. v. ACIT (2019) 412 ITR 239/ 177 DTR 337 (Ker.)(HC)

S. 37(1) : Business expenditure–Capital or revenue–Preoperative expenditure–new line of business-Business abandoned subsequently–Allowable as revenue expenditure.

Chemplast Sanmar Ltd. v. ACIT (2019) 412 ITR 323 (Mad.)(HC)

S. 37(1) : Business expenditure–Completion contract method- Compensation paid to allottees of flat who refuse to take up the allotment due to change in Regulation of Municipal Corporation- Allowable as business expenditure-Interest and guarantee commission-Service Charges — Held to be deductible. [S. 145]

Gopal Das Estates and Housing Pvt. Ltd. v. CIT (2019) 412 ITR 489/ 263 Taxman 8/ 176 DTR 193 (Delhi)(HC)

S. 36(1)(viii) : Eligible business-Special reserve-Providing long-term finance for Infrastructure Projects and facilities—Provision for bad and doubtful debts – held to be allowable. [S. 36(1)(viia)(c)]

Infrastructure Development Finance Co. Ltd. v. ACIT (2019) 412 ITR 115/ 262 Taxman 483 /(2020) 190 DTR 137(Mad.)(HC)

S. 10B : Export oriented undertakings-New undertaking using building and machinery on lease from sister concern—”Transfer” Includes Lease—Not entitled to exemption.

Stabilix Solutions (P.) Ltd. v. ITO (2019) 412 ITR 82 (Ker.)(HC)

S. 10B : Export oriented undertakings-Setting off of carried forward losses-Matter remanded to Assessing Officer to decide afresh in light of decisions. [S. 10A]

Intimate Fashions (India) P. Ltd. v. ACIT (2019) 412 ITR 615 (Mad.)(HC)

S. 10A : Free trade zone -Expenses incurred in foreign currency to be excluded from export turnover and total turnover— Compensation received on termination of export agreement constituted profits of business—Supply of software to another exporter—Entitled to Exemption-Loss Carried Forward From earlier years can be set off against income of current Year— Amendment by Finance Act, 2000.

CIT v. Sasken Communication Technologies Ltd. (2019) 412 ITR 468 (Karn)(HC)

S. 10(23G) : Infrastructure undertaking-Long term finance-Interest-Liquidated damages fall within the purview of word interest-Entitle to exemption. [S. 2 (28A)]

Infrastructure Development Finance Co. Ltd. v. ACIT (2019) 412 ITR 115/ 262 Taxman 483 /(2020) 190 DTR 137 (Mad.)(HC)

S. 10(22) : Educational institution-Institution Should exist solely for educational purposes—Income from educational institution utilised to purchase immovable property in names of members of society—Not entitled to exemption.

Sree Chithra Educational, Cultural And Film Society v. DIT (2019) 412 ITR 76 (Ker.)(HC)