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. 68 : Cash credits-Cash deposit-Demonetisation-Cash sales-Trading in jewellery-No discrepancy in books of account-Recording of customers’ Permanent Account Number is not legally mandated for sales not exceeding Rs. 2 Lakhs-Source for cash deposits out of traceable source-Order of CIT(A) deleting the addition is affirmed. [S.115BBE, R. 114B]
Dy. CIT v. Dar Paradise P. Ltd. (2024)113 ITR 651 (Chennai)(Trib)
S. 68 : Cash credits-Fictitious transactions-Losses can be set off-Entire exercise becoming tax neutral-Derivative gain-Addition is deleted.
Aadinath Securities P. Ltd. v. ITO (2024)113 ITR 423 (Mum)(Trib)
S. 54F : Capital gains-Investment in a residential house-Allotment letter-Flat under construction-Date of issue of allotment letter more than 36 months-Long term capital gains-No bar on appellate authorities to entertain claim-Directed to allow deduction after verification. [S. 2(29A), 45, 139]
Minaxi Mahesh Pawani (Deceased) v. ITO (IT) (2024)113 ITR 38 (SN)(Mum)(Trib)
S. 45 : Capital gains-Long-term capital gains-Merely on the basis of Audit report addition cannot be made. [S.143(1)]
Anand Dilipbhai Patel v. ITO (2024)113 ITR 44 (SN)(Ahd)(Trib)
S. 43B : Deductions on actual payment-Electricity company-Electricity duty and tax on sale of electricity adjusted by Government against Government subsidy after close of accounting year-Deduction is to be allowed in year payment is made-Matter is remanded.
Gujarat Urja Vikas Nigam Ltd. v. Dy. CIT (2024)113 ITR 37 (SN)(Ahd)(Trib)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Remittances to foreign university of fees collected from students for conduct of examinations-No disallowance can be made-DTAA India-UK [S. 9(1), Expl 2,195 Art. 13(5)(c)]
Gecom International P. Ltd. v Dy. CIT (2024)113 ITR 22 (SN)(Delhi)(Trib)
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Royalty-Fes for technical services-Payments for telecommunications services to associated enterprises is not Royalty or fees for technical services-Not liable to deduct tax at source-DTAA-India-USA [S. 9(1)(vi), 9(1)(vii), 195, Art. 12]
ACIT v. Verizon Communications India P. Ltd. (2024) 113 ITR 16 (SN) (Delhi)(Trib)
S. 37(1) : Business expenditure-Disallowance for inflated purchases-Self-made vouchers not containing any details such as names of supplier or mode of payment-Disallowance is affirmed.
Gangapura Nagaraja Iyer Srinivasa v. ACIT (2024) 113 ITR 78 (SN)(Bang)(Trib)
S.37(1): Business expenditure-Capital or revenue-Contribution to corpus fund of International Solar alliance for awards and prizes-Allowable as revenue expenditure.
ACIT v. Karnataka Renewable Energy Development Ltd. (2024)113 ITR 9 (SN)(Bang)(Trib)
S.37(1): Business expenditure-Providing Documentation And Administration support in relation to vessel traffic at ports and co-ordination with various Government authorities to obtain clearances, certificates and approvals Accrual of income-Accrual of income-Loan to director-Interest offered to tax-Interest written off-Matter Remanded To Commissioner (Appeals) to verify the facts. [S. 4, 5]
Bengal Tiger Line India P. Ltd. v. ITO (2024)113 ITR 11 (SN)(Chennai)(Trib)